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SCHOOL    LAWS 


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INt'l.lWISi.      \  M  KMiVII   Nl^     \IAI'K    I! 


SEVENTEENTH  LEGISLATIVE  ASSEMBLY 


Mil;    Willi 


'VLES  AND   RKOULATIOXS  OF  Tilt:  STATE   BOA  Hit   OF  KDfcATlOS, 

BLANK  FORMS  FOB   THE   USE  OF  SCHOOL   OFFICERS,   THE 

CONSTITUTION  OF  THE  sr.rrF  (>r  i>];i:(;<r\.   ETC. 


Couipileil  liy  supeniileDileut  of  Public  liislructioii  liy  direction  of  Secretary  of  Slate. 


SAI.KM,  OKKGON  : 
FllANK     r.    14AK'ER,    STATE  .PRTNTKi: 


EXCHANGE 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/amendedschoollawOOoregrich 


FUBIvISHBD    BY    AUTHORITY. 


THE   AMENDED 


SCHOOL    LAWS 


OF   OREGON 


INCLUDING    AMENDMENTS   MADE   BY   THE 


SEVENTEENTH  LEGISLATIVE  ASSEMBLY 


TOGETHER   WITH   THE 


RULES  AND  REGULATIONS  OF  THE  STATE  BOARD   OF  EDUCATION, 

BLANK  FORMS  FOR   THE   USE  OF  SCHOOL   OFFICERS,   THE 

CONSTITUTION  OF  THE  STATE  OF  OREGON  ETC. 


Compiled  Dy  Supenntendent  ol  PuDlic  Instraction  Dy  direction  ol  Secretary  oi  state. 


SALEM,   OREGON : 

FRANK    C.   BAKER,   STATE    PRINTER. 
18  9  3. 


l^/uli^ 


ivi 


Prekace. 


AMENDED  SCHOOL   LAWS. 

By  the  direction  of  Hon.  Geo.  W.  McBride,  Secretary  of  State,  I  have 
prepared  this  edition  of  the  school  laws  with  special  reference  to  the  growing 
wants  of  our  school  system,  and  for  the  information  and  convenience  of  school 
officers. 

Chapter  I  of  this  edition  contains  the  school  laws,  amendments  thereto, 
and  abstracts  of  decisions  in  the  supreme  court  of  Oregon  touching  school 
questions,  and  special  school  acts. 

Chapter  II  contains  the  revised  rules  and  regulations  of  the  State  board  of 
education  for  the  government  of  public  schools  and  school  officers. 

Chapter  III  contains  blank  forms  for  the  use  of  school  officers. 

Chapter  IV  contains  the  constitution  of  the  State  of  Oregon,  with  annota- 
tions, notes,  references,  etc. 

Chapter  V  contains  miscellaneous  suggestions  and  information  for  the  use 
of  superintendents,  district  school  officers,  teachers,  etc. 

The  official  duties  of  school  officers  set  forth  in  the  school  law,  although 
apparently  clear  and  simple,  yet  became  complicated  in  many  ways  concerning 
the  duties  and  responsibilities  of  school  officers  in  the  matter  of  school  meet- 
ings, election  of  school  directors  and  clerks,  care  of  school  property,  resigna- 
tions and  vacancies  in  office,  change  of  district  boundaries,  qualifications, 
salaries  and  employment  of  teachers,  appeals  to  county  or  State  superintendent, 
care  of  school  property,  use  of  school  property,  school  sites,  school  taxes, 
district' records,  purchase  or  sale  of  school  property,  duties  of  directors,  etc. 

During  the  present  administration,  many  appeals  and  cases  of  a  complex 
nature  have  been  referred  to  the  department  of  public  instruction  for  decisions. 
The  settlement  of  these  questions  has  required  constant  and  extensive  investi- 
gation and  research,  not  only  in  the  practice  and  decisions  in  the  courts  of  this 
State,  but  especially  in  the  more  extensive  practice  of  the  courts  in  the  older 
States. 

It  should  be  remembered,  however,  that  while  these  decisions  have  been 
sufficient,  in  almost  every  instance,  to  adjust  the  special  difficulties  for  which 
they  were  given,  yet  they  do  not  have  the  full  force  and  effect  of  legal  deci- 
sions given  by  the  highest  legal  tribunals,  the  circuit  and  supreme  courts  of  the 


4  PREFACE. 

State.  The  main  object  of  these  decisions  is  to  harmonize  the  general  school 
work  of  the  State,  and  to  reduce  to  a  minimum  school  strifes  and  complica- 
tions. 

Several  amendments  of  much  importance  were  made  to  the  school  laws  at 
the  seventeenth  regular  session  of  the  legislature,  which  will  be  made  fully 
apparent  to  school  officers  by  a  careful  perusal  of  the  law. 

The  school  law  in  regard  to  appeals  is  found  in  subdivision  14,  section  25; 
subdivision  5,  section  7;  rules  2,  3,  4,  5,  6,  7,  8,  26,  27,  28,  29,  30,  and  31,  rules 
and  regulations  State  board  of  education. 

The  wisdom  of  referring  school  complications  to  superior  school  officers  is 
iipparent,  and  for  many  reasons. 

First— A  difficulty  in  a  school  district  is  generally  not  long  confined  to  the 
parties  immediately  concerned,  but  it  soon  takes  shape  and  enters  into  all  the 
social  and  local  conditions  of  society;  it  assumes  a  prominent  place  in  each 
family,  and  is  discussed  pro  and  con  around  the  home  firesides;  it  spreads 
among  all  the  families;  it  figures  in  the  election  of  district  school  officers  and 
in  the  selection  of  teachers;  it  affects  the  immediate  condition  of  the  school, 
and  injures  the  present  and  future  discipline  of  the  school;  it  often  reaches  out 
and  becomes  the  quarrel  not  only  of  the  district  butof^ihe  entire  vicinity;  and 
if  the  trouble  once  grows  into  a  lawsuit  and  the  parties  engaged  spend  money 
and  teniper  upon  it,  then,  indeed,  does  it  become  complicated  and  difficult  of 
settlement.  Hence  the  provision  for  a  prompt  and  free  decision  by  the  county 
superintendent,  thus  avoiding  the  many  delays,  expenses,  vexations,  internal 
dissensions,  and  bitter  resentments  of  a  neighborhood  lawsuit. 

Second  —  Again,  this  special  feature  of  school  supervision  and  school 
authority,  now  granted  the  county  superintendent  over  the  affairs  of  the 
schools  and  school  districts  of  his  county,  has  been  wisely  enacted  by  the 
legislature  for  the  best  public  interest  and  for  the  continuous  advancement, 
peace,  and  prosperity  of  the  school  system  itself.  If  the  numerous  disputes 
and  complications  frequently  arising  must  necessarily  be  settled  or  adjudicated 
in  courts-at-law,  then,  indeed,  would  our  school  work  soon  lapse  into  a  careless 
and  unrestrained  apathy  and  anarchy.  On  the  other  hand,  these  jnatters 
may  now  be  very  properly  referred  to  the  peaceful  court  of  the  county  superin- 
tendent for  settlement  and  adjustment,  thus  avoiding  the  many  costs  and 
delays,  and  counteracting  the  internal  rage  and  lasting  resentments  usually 
arising  out  of  school  district  lawsuits. 

Third— When  disputes  arise,  then,  in  school  districts,  the  disputants 
should  fii-st  seek  the  opinion  and  advice  of  the  county  superintendent.  If  his 
decisions  prove  sufficient  and  satisfactory,  this  eqds  the  difficulty.  If  not, 
then  the  county  superintendent  will  send  a  written  statement  of  the  case  or 
naatter  (giving  the  history  and  facts  pertaining  thereto)  to  the  Superintendent 
of  Public  Instruction.  The  county  superintendent  is  now  familar  with  the 
case;  he  has  already  examined  into  it  and  affi)rded  the  parties  a  full  hearing; 


PREFACE.  5 

he  is  now  acquainted  with  all  the  essential  points  at  issue,  and  can  now  intel- 
ligently embody  them  in  his  statement  to  the  central  office. 

Fourth  — When  questions  arising  out  of  school  difficulties  and  complica- 
tions are  submitted  to  the  Superintendent  of  Public  Instruction,  he  must 
decline  to  pass  upon  or  render  decisions  in  such  cases  unless  they  have  been 
previously  referred  to  the  county  superintendent  for  his  consideration  and 
decision.  When  they  have  passed  through  this  regular  channel,  viz.,  through 
the  office  of  the  county  superintendent,  then  they  will  receive  prompt  atten- 
tion in  the  central  office,  and  not  before.  This  rule  is  established  —  not  to 
organize  a  system  of  "red-tape  routine" — but  to  institute,  first,  a  uniform 
system  of  school  business;  second,  to  protect  the  county  superintendent  in  the 
discharge  of  his  duties  and  from  ex  parte  evidence  and  misrepresentations  in 
these  school  troubles;  third,  in  this  way  only  may  the  ends  of  equity  be 
secured;  fourth,  these  school  complications  have  become  so  numerous  in  the 
aggregate  the  State  over,  that  it  has  become  impracticable  for  the  Superin- 
tendent of  Public  Instruction  iA>  answer  all  these  questions  unless  they  pass 
through  the  regular  channel  mentioned  above. 

Fifth  —  In  case  a  county  superintendent  desires  to  submit  questions  touch- 
ing school  matters,  difficulties,  law,  etc.,  he  must  at  the  same  time  and  with 
the  same  submit  his  opinion  in  each  case,  or  a  copy  of  the  decision  rendered 
by  him  in  each  instance. 

Sixth  —  When  school  cases  are  brought  before  the  county  superintendent, 
it  does  not  follow  that  they  shall  be  conducted  with  all  the  formality  of  law- 
suits in  courts  of  law.  The  county  superintendent  or  his  board  of  county 
examiners  have  full  discretion  as  to  the  manner  of  hearing  appeals  and 
establishing  local  rules  and  regulations  for  their  own  government,  when  the 
same  do  not  conflict  with  the  rules  and  regulations  adopted  by  the  State  board 
of  education  in  reference  to  the  same.  All  appeals  arising  under  rules  26,  27, 
and  28,  rules  and  regulations  State  board  of  education,  may  very  properly 
come  before  the  county  board  of  examiners  for  hearing  and  settlement. 

E.  B.  Mcelroy, 

Superintendent  of  Public  Instruction. 


'School  Laws. 


CHAPTER   I. 

TITLE   I. 

SUPERINTENDENT  OF   PUBLIC  INSTRUCTION. 

Section  1.     The  office  of  Superintendent  of  Public  Instruction  oct. 29,  iS72.|i. 

is  hereby  detached  from  the  office  of  Governor  and  created  a  dis- Superintepd- 

ent  of  Public 
tinct  and  separate  office.    The  Superintendent  of  Public  Instruc-  instruction. 

tion  shall  be,  in  the  first  instance,  elected  by  a  joint  ballot  of  this  p.  120!). 

legislative  assembly,  and  he  shall  hold  his  office  until  his  successor 

is  duly  elected  and  qualified. 

Section  2.  A  Superintendent  of  Public  Instruction  shall  be  feb.21,i«87.  fi. 
elected  at  the  general  election  of  the  year  eighteen  hundred  and  Election  and 
seventy-four,  and  every  four  years  thereafter,  and  shall  qualify  and 
enter  upon  the  discharge  of  his  duties  at  the  time  fixed  by  law  for 
other  State  officers.  He  shall  receive  an  annual  salary  of  eighteen 
hundred  dollars,  payable  in  the  same  manner  as  the  salaries  of 
other  State  officers  are  paid. 

Section  3.     The  Superintendent  of  Public  Instruction  shall  beocr.29,i872.f3 

provided  with  an  office  located  at  the  State  capitol,  furnished  with  i^ation  of 
^  ^       '  office,  etc.  p.    I 

the  necessary  stationery,  lights,  fuel,  etc.,  to  be  paid  for  in  the  same  1-200. 

manner  that  the  expenses  of  the  offices  of  Governor,  Secretary  of 

State,  and  Treasurer  are  paid. 

Section  4.     First — It  shall  be  the  duty  of  the  Superintendent  of  FKB.2i,i88r7.  p. 
Public  Instruction  to  exercise  a  general  superintendence  of  the  Schools  wid 
county  and  district  school  officers  and  tlie  public  schools  of  this  visits?    p.  iaf». 
State. 

Second  —  He  shall  visit,  as  far  a.s  practicable,  every  county  in 

the  State  annually,  in  the  interests  of  education.  ^    ^,  '  ^^, 

•' '  Institute-s,  dis- 

Section  5.     First  — He  shall  hold  a  teachers'  institute  in  each  trict  and  coun- 
ty, visits,  sta- 
judicial  district  biennially.  tistics.  p.  i3niL 

*  Note.— In  addition  to  the  marginal  references  to  the  sections  of  the  original  acts  of  the 
legislature  composing  the  school  law,  figures  are  also  placed  in  the  margin  to  show  the  page  in 
Hill's  Oregon  code  where  each  section  may  be  found. 


8  SCHOOL   LAWS   OF  OREGON. 

Feb.  21, 1887.  g3.  Second  —  He  shall  attend  all  county  institutes  held  by  county 
Same  subject,  superintendents,  when  practicable,  and  shall  assist  in  securing 
lecturers  and  instructors,  and  in  the  organization  and  develop- 
ment of  institute  work  in  each  county.  He  shall  visit,  as  often 
as  practicable,  the  principal  schools  of  the  State,  and  shall  give 
such  instruction  in  regard  to  discipline  and  teaching  as  he  may 
deem  necessary ;  and  he  shall  also  keep  statistics  of  the  condition 
of  schools,  buildings,  grounds,  appurtenances,  apparatus,  libraries, 
the  conduct  and  standing  of  pupils,  the  methods  of  instruction, 
and  the  discipline  and  government  of  schools,  etc. 

Third  —  He  shall  visit  in  person,  when  possible,  all  the  char- 
tered educational  institutions  of  the  State,  and  shall  secure  such 
statistical  information  relative  to  number  of  students,  teachers, 
value  of  property,  libraries,  salaries,  etc.,  as  he  may  deem  ad- 
visable for  the  advancement  of  education  and  for  the  information 
of  the  legislature. 
Ibid.  H-         Section  6.     First  — It  shall  be  the  duty  of  the  Superintendent 
o?blariks^^re^- ^^  Public  Instruction  to  prepare  such  uniform  series  of  suitable 
isters,  forms,     blanks,  registers,  forms,  rules,  and  regulations,  as  he  may  deem 
necessary  for  making  all  reports  and  conducting  all  needed  busi- 
ness under  the  school  laws  of  the  State,  and  the  Secretary  of 
State  shall  cause  the  same  to  be  printed,  and  distributed  by  the 
Superintendent  of  Public  Instruction  to  the  various  counties  in 
the  State  for  use  in  school  districts  and  public  school  work. 

ibid^^ Second — The  county  school  superintendents  shall  receive  and 

Receipts  for      receipt  to  the  Superintendent  of  Public  Instruction  for  all  supplies 

school  .supplies  IT  tr  fir 

of  blanks,  registers,  other  supplies,  etc.,  forwarded  to  them  for 
use  in  their  schools,  and  shall  cause  the  same  to  be  distributed 
to  the  various  district  clerks  and  directors,  taking  their  receipts 
.  for  the  same,  and  these  receipts  must  be  filed  in  the  county  super- 

intendent's office  as  a  part  of  the  permanent  records  thereof. 
Ibid,  lb.         Section  7.     First  —  He  shall  act  as  secretary  of  the  board  of 

Annotate  and    education. 

compile  school 

laws.  p.  1207.       Second  —  He  shall  annotate  and  compile  all  school  laws  that 

may  be  ordered  published  during  his  term  of  office,  and  he  shall 

include  in  such  compilation  all  necessary  blank  forms  for  the  use 

of  school  districts  and  district  officers,  so  as  to  secure  uniform 

action  throughout  the  State. 

^iM_^: Third  — It  shall  be  the  duty  of  the  Superintendent  of  Public 

ofcounty  "u^    Instruction  to  call  district  and  State  meetings  of  the  several  county 

]>erintendents.  school  superintendents,  if  he  may  deem  the  same  advisable,  and 

if  in  his  judgment  the  same  may  be  conducive  to  the  interests  of 

education.    These  meetings  shall  be  held  at  such  times  and  places 


SCHOOL   LAWS   OF  OREGON.  9 

as  he  may  appoint,  and  shall  be  held  to  consider  the  best  manner  Fb».21,1887.  js. 
of  conducting  schools,   school  management,   duties  of  teachers,  i^5°{^p',^„ 
school   oflHcers,  and  superintendents,   methods  of  teaching,   the 
merits  of  riiixed  and  graded  schools,  and  other  important  matters 
touching  the  advancement  of  the  public  schools. 

Fourth  —  He  shall,  whenever  he  may  deem  the  same  important  i 
and  expedient,  issue  printed  letters  and  circulars  of  information, 
advice,  explanation,  construction,  or  information  to  all  county 
superintendents  and  district  school  officers  relative  to  the  duties  of 
teachers,  directors,  pupils,  parents,  and  guardians,  the  manage 
ment  of  schools,  and  all  other  questions  of  general  and  special 
interest  in  the  cause  of  education. 

Fifth  —  He  shall  decide,  without  cost  to  the  parties  appealing,         it>id. 

all  questions  and  disputes  that  may  arise  under  the  school  laws  of  ^pg^ig^'tc. 

the  State;  provided^  that  he  may  refer  any  question  of  importance 

to  the  State  board  of  education  for  their  decision;  and  provided^  Proviso. 

that  all  decisions,  regulations,  and  forms  of  procedure,  on  part  of 

the  board,  in  matters  of  school  controversies,  shall  be  regulated 

and  established  by  such  rules  of  the  board  as  they  may  establish. 

All  decisions  of  the  Superintendent  of  Public  Instruction  and  the 

State  board  of  education  shall  be  binding  in  law  until  a  different 

decision  shall  be  given  in  the  circuit  and  supreme  courts  of  the 

State. 

Section  8.     He  shall,  at   least  once  in  each  year,  hold  a  State  qct.  18,  i«78.  j i- 

teachers'  association,  and  at  such  time  and  place  as  in  his  judg- state  tearhen' 
'  association,  p. 

ment  will  best  promote  the  general  interests  of  education.  lijoe. 

Section  9.     He  shall  make  out,  quarterly,  a  statement  of  the oct.2»,\9n.\9. 
necessary  traveling  expenses  incurred   in    the    discharge  of   his  JVaveling  ex^^ 
duties,  which  claims  shall  be  audited  by  the  State  board  of  educa- 
tion, and  paid  as  other  claims  against  the  State. 

Section  10.    The   State  Superintendent  of   Public  Instruction    fbb.25.18». 
shall,  under  the  direction  of  the  State  board  of  education,  issue  a   FKB.2i.ia»8. 
circular  to  each  county  superintendent  and  to  each  member  of  the  school  books 
State  board  of  examiners,  containing  a  list  of  studies  required  to 
be  taught  in  the  public  schools,  together  with  the  wholesale,  retail, 
■exchange,  and  introductory  prices  of  all  books  m  said  list.    Each 
person  entitled  to  vote  under  this  act  shall,  after 'due  consideration, 
write  opposite  each  study  the  textbook  or  series  of  textbooks  pre- 
ferred.    The  aforesaid  county  superintendents  and  State  examiners 
shall  transmit  such  circulars  fully  answered  to  the  Superintendent 
of  Public  Instruction,  who  shall  cause  the  same  to  be  laid  before 
the  State  board  of  education ;  and  the  textbook  or  series  of  text- 
books in  any  one  brAnch  receiving  the  majority  of  all  the  votes  of 


10 


SCHOOL   LAWS   OF  OREGON. 


Feb.  21, 1893. 
Same  subject. 


Proviso. 


Proviso. 


Proviso. 


Proviso. 


the  said  county  superintendents  and  state  examiners  shall  be  the 
authorized  textbook  or  series  of  textbooks,  in  that  branch  in  the 
public  schools  of  this  State  for  six  years  next  succeeding  the 
official  announcement  of  the  Superintendent  of  Public  Instruction; 
it  is  further  provided,  that  the  publishers  of  the  textbooks  or 
series  of  textbooks  that  may  be  adopted  under  this  act  shall  be 
required  to  file  a  good  and  sufficient  bond  for  the  performance  of 
any  or  all  of  agreements  made  with  them  by  the  State  board  of 
education  that  they  shall  maintain  the  wholesale  and  retail  prices^ 
for  the  period  of  their  adoption,  which  prices  shall  be  named  in 
the  proposals  of  publishers  to  the  State  board  of  education  prior  to 
the  adoption  of  such  textbook ;  and  it  is  further  provided,  that 
publishers  shall  also  file  with  each  county  superintendent  and 
member  of  the  State  board  of  examiners  a  copy  of  the  proposals 
furnished  to  and  for  the  consideration  of  the  State  board  of  educa- 
tion, and  also  that  the  publishers  (  whose  books  are  adopted  )  shall 
be  required  to  place  a  printed  card  in^ach  schoolhouse,  giving  the 
wholesale  and  retail  prices  of  all  books  published  by  them  and 
selected  for  use  in  the  public  schools  of  this  State;  provided 
further,  that  the  said  State  board  of  education  shall,  prior  to  said 
election,  issue  a  circular  to  all  of  the  leading  school-book  publishers, 
in  the  United  States,  which  circular  shall  set  forth  all  the  details 
relative  to  said  introduction  of  textbooks  for  use  in  the  public 
schools  of  Oregon  as  said  State  board  of  education  may  deem  for 
the  best  good  of  the  public  service,  and  said  circular  of  the  State 
board  of  education  to  publishers  shall  set  forth  all  requirements  in 
detail  as  follows  : — 

1.  Relative  to  such  samples  of  textbooks  as  shall  be  forwarded 
by  them  to  the  State  board  of  education,  county  superintendents,, 
and  State  board  of  examiners  for  examination  with  a  view  to  intro- 
duction. 

2.  The  wholesale,  retail,  exchange,  and  introductory  rates  which 
publishers  shall  submit  to  the  said  members  of  the  State  board  of 
education,  county  superintendents,  and  State  examiners,  also  all 
copies  of  bids  and  propositions  to  be  made  by  the  «aid  publishers 
to  the  State  board  of  education,  county  superintendents,  and  State 
examiners;  provided  further,  that  the  said  State  board  of  educa- 
tion shall  prepare  and  submit  to  all  publishers  competing  such 
uniform  schedules  of  price  lists  with  which  said  publishers  must 
comply  in  entering  into  competition  for  such  adoption  of  text- 
books; provided  further,  that  the  said  State  board  of  education 
may  require  said  publishers  to  establish  at  such  convenient  points 
in  this  State  principal  depots  of  supply  or  depositories  for  general 


SCHOOL   LAWS   OF  OREGON,  11 

distribution  of  textbooks;  and  provided  further,  that  they  may    Fkb.25,i88b. 
require  said  publishers  to  establish  in  each  county  sufficient  and    f^b.21.i«»8. 
suitable  depositories  whereby  all  the  wants  of  school  patrons  and  ^"*  •"*>!•<?»• 
school  children  may  be  supplied;  and  it  is  further  provided^  that  Proviw> 
said  publishers,  in  competing  for  said  election  of  textbooks  for  use 
in  the  public  schools  of  this  State,  must  comply  with  all  the  rules 
and  regulations  relative  thereto  made  by  the  said  State  board  of 
education  of  the  State  of  Oregon;  and  for  which  purpose  and  to 
secure  full  compliance  with  the  same,  the  said  State  board  of 
education  shall  require  of  said  publishers  such  bonds  as  they  may 
deem  reasonable  and  sufficient  for  carrying  out  said  rules  and 
requirements. 

.  Section  11.  If  no  textbook  or  series  of  textbooks  in  any  one  ibid.  |2. 
branch  shall  receive  a  majority  of  the  votes  of  the  county  super- ''**™^  *"**^*** 
intendents  and  State  examiners,  then  the  Superintendent  of  Public 
Instruction  shall  immediately  report  to  the  county  superintendents 
and  members  of  the  State  board  of  examiners  the  two  textbooks 
receiving  the  highest  number  of  votes,  and  from  them  the  suj^er- 
intendents  and  State  examiners  shall  forthwith  make  a  selection 
and  transmit  their  votes  to  the  Superintendent  of  Public  Instruc- 
tion, which  votes  shall  be  canvassed  and  the  result  announced  as 
in  section  12  [  2577  ]  of  this  act,  and  the  textbooks  or  series  of  text- 
books so  selected  shall  be  the  authorized  textbooks  as  provided  by 
this  act. 

Section  12.  It  is  hereby  provided  that  the  Superintendent  of  iMd.  |:<. 
Public  Instruction  shall  issue  the  next  circular  under  this  act  ^""®  ■ubje«t. 
within  six  years  after  the  selection  of  textbooks  made  in  the  year 
1888,  and  shall  issue  a  similar  circular  every  six  years  thereafter, 
and  require  answer  on  or  before  the  first  day  of  January  following, 
and  immediately  lay  such  answer  before  the  State  board  of  educa- 
tion, who  shall  canvass  the  answers  and  ascertain  the  series  of 
textbooks  desired,  and  shall  instruct  the  secretary  of  the  board  to 
officially  inform  each  county  superintendent  of  the  result  of  such 
vote  ;  and  the  county  superintendents  shall  immediately  instruct 
the  district  officers  in  their  respective  counties  of  the  series  of  text- 
books authorized  under  this  act;  and  it  is  hereby  provided  that 
said  series  shall  be  introduced  in  all  the  public  schools  of  this 
State  on  or  before  the  first  day  of  October  next  after  the  canvass 
of  such  vote  by  the  State  board  of  education  in  accordance  with 
the  provisions  for  changing  textbooks ;  and  any  district  neglect- 
ing to  provide  for  the  introduction  of  the  authorized  series  of 
textbooks  shall  forfeit  its  proportion  of  the  school  fund  for  the 
succeeding  year,  and  every  year  thereafter  until  all  of  said  series 


12  SCHOOL    LAWS   OF  OREGON. 

^3h'^h^^'^j33^^^  introduced;  j^rovided,  that  when  the  persons  in  any  school 
Same  subject,  district  between  the  ages  of  four  and  twenty  years,  as  shown  by 
the  clerk's  last  yearly  report,  shall  equal  one  thousand  or  more  in 
number,  the  directors  of  such  district  shall  have  the  right  to  select 
textbooks  for  the  high  schools  only,  but  no  change  in  the  text- 
books in  any  such  district  shall  be  made  at  any  other  time  than 
Proviso.  that  provided  in  this  act ;  provided  further,  that  nothing  in  this 

act  shall  prevent  the  State  board  of  education  ordering  the  Super- 
intendent of  Public  Instruction  to  issue  special  circulars  to  the 
county  superintendents  and  State  board  of  examiners  to  select  as 
in  the  regular  vote  any  new  textbooks  or  series  of  textbooks  in 
use,  when  in  the  judgment  of  the  State  board  of  education  any 
textbooks  or  series  of  textbooks  in  use  is  supplied  at  an  unreason- 
ably high  price,  or  is  found  to  be  excelled  by  more  recent  publica- 
tions in  that  branch,  or  for  any  good  and  sufficient  cause  ;  and  it 
is  hereby  provided  that  the  county  superintendents  and  State 
board  of  examiners  shall  select  a  tex^tbook  or  series  of  textbooks 
immediately  as  in  answer  to  regular  circulars  of  the  Superin- 
tendent of  Public  Instruction  and  report  to  him  their  choice, 
and  such  selections  shall  immediately  thereafter  be  made  known 
officially  as  in  the  regular  selection  ;  and  such  textbook  or  series 
of  textbooks  so  selected  shall  be  introduced  in  all  the  common 
schools  of  the  State  within  six  months  after  such  announcement, 
and  any  district  neglecting  to  so  provide  for  the  introduction  of 
such  textbook  or  series  of  textbooks  shall  forfeit  its  proportion 
of  the  school  fund  for  each  year  thereafter  until  it  complies  with 
this  requirement. 
OCT.  29, 1872.  gi 3  Section  13.  The  Superintendent  of  Public  Instruction  shall 
peSend^enis.  report  to  the  legislative  assembly  biennially  in  the  same  manner 
p.  1211.  ^jj^  ^^  ^j^g  same  time  that  other  State  officers  make  their  reports. 

His  report  shall  contain, — 
,  First — The  general  condition  of  the  public  schools  of  the  State. 

Second  —  The  amount  of  school  money  apportioned  among  the 
several  counties,  and  the  sources  whence  such  money  was  derived. 

Third — Amounts  raised  by  county  and  district  taxes,  and  the 
amount  paid  for  teachers'  salaries,  buildings,  furniture,  etc. 

Fourth  — The  series  of  textbooks  authorized  by  the  State  board 
in  accordance  with  the  provisions  of  this  act. 

Fifth  — The  rules  and  regulations  prescribed  by  the  State  board 
for  the  government  and  tuition  of  the  j^ublic  schools. 

Sixth  — The  number  and  grades  of  the  school  in  each  county. 

Seventh  —  The  number  of  persons  between  the  ages  of  four  and 
twenty  years  ;  the  number  attending  public  schools,  and  the  num- 


SCHOOL   LAWS  OF  OREGON.  13 

ber  attending  private  schools;  number  not  attending  any  school.  oct.2!»,  1872.  ?u 
Eighth  —  He  shall  colled  statistics  concerning  the  chartered  •'^*'nc  subject"" 

educationalinstit  utions  of  the  State,  including  number  of  pupils, 

property,  libraries,  salaries  of  teachers,  etc.,  etc.    This  shall  include 

all  institutions  under  the  patronage  of  the  State. 

Ninth — Any  and  all  information  that  in  his  judgment  may  be 

useful  to  the  public  and  for  the  advancement  of  the  educational 

interests  of  the  State. 

Section  14.     The  Superintendent  of  Public  Instruction  shall,  at      ibid.  ?  u. 

the  expiration  of  his  term  of  office,  deliver  to  his  successors  all  the  To  deliver 
'^  bookH  and 

books,  papei-s,  etc.,  of  his  office  and  take  receipt  therefor.  jwipere  to  suc- 

ce.ssr>r.    p.  5211. 


TITLE  II. 

STATE   BOARD  OF    EDUCATION. 


Section  15.    The  Governor,  Secretary  of  State,  and  Superintend-      n,id.  i  j.i. 
it  of  Public  Instruction  shall  constitute  a  State  board  of  edu- Board  of  edu 

cation,  p.  12 

ition. 

Section   16.     The  meetings  of  the  board  shall  be  held  serai-     ibid.  |iri. 


annually  at  the  State  capitol  on  the  first  Monday  in  January  and  ^^^1"^**' 
July.     All  needed  stationery  for  the  use  of  the  board  shall  be  fur-  statioijer>'  ««»** 
nished  by  the  Secretary  of  State,  and  any  printing  authorized  by  furnished."p'^ 
the  board  shall  be  done  by  the  State  Printer,  at  rates  allowed  by 
law  for  other  State  work. 

Section  17.    The  State  board  shall  have  power,—  ibid.H" 

jTirst — To  authorize  a  series  of  textbooks  to  be  used  in  the  public  ^^^j"  ^^i^^ 
schools  in  accordance  with  the  provisions  of  this  act. 

Second— To  prescribe  a  series  of  rules  for  the  general  govern- 
ment of  public  schools  that  shall  secure  a  regularity  of  attendance, 
prevent  truancy,  secure  and  promote  the  real  interests  of  the 
schools. 

Third — To  use  a  common  seal. 

Fourth— To  order  any  printing  that  may  be  necessary  to  carry 
into  efl'ect  the  provisions  of  this  act. 

Fifth — To  sit  as  a  board  of  examination  at  their  semi-annual 
meetings  and  grant  life  diplomas.  State  certificates  and  two  grades 
( 1  and  2 )  of  certificates  of  the  same  force  as  those  granted  by 
county  superintendents. 

Life  diplomas  shall  entitle  the  holder  to  teach  in  any  public 
school  in  the  State  during  the  life  of  the  holder,  unless  revoked 
for  unprofessional  conduct. 

A  State  diploma  shall  entitle  the  holder  to  teach  in  any  public 


14  SCHOOL   LAWS   OF  OREGON. 

Oct. a9, 1872.  gi7  school  in  the  State  for  a  period  of  six  years,  subject  to  revocation 
Same  subject,    j^y  ^j^^  hosivd.  for  unprofessional  conduct. 

A  State  certificate  of  tiie  first  grade  shall  be  good  in  any  county 
for  two  years,  and  one  of  the  second  grade  good  in  any  county  for 
six  months. 
The  fees  charged  for  diplomas  and  certificates  shall  be  as  follows:— 

For  State  life  diploma $  10  OO 

For  State  diploma 5  00 

For  State  certificate,  first  grade ~_     4  oo 

For  State  certificate,  second  grade I      2  50 

The  fees  collected  shall  constitute  a  fund  for  paying  the  expenses 
of  such  assistants  in  conducting  the  examination  as  the  board  may 
deem  proper. 

The  board  shall  have  power  to  invite  not  less  than  four  profes- 
sional teachers  to  assist  the  semi-annual  examinations;  but  such 
assistants  shall  not  be  allowed  any  pay  other  than  that  provided 
for  in  this  act  concerning  fees  for  diplomas'and  certificates. 
Ibid.  §!»•         Section  18.    The  proceedings  of  each  session  of  the  board  shall 
«e?din^^*to  be  ^^  Published  for  general  distribution,  containing,  in  addition  to  the 
published,  p.  ordinary  proceedings,  the  result  of  the  examination  for  certificates. 
~'^Id7§i9r~     Section  19.    The  State  board  may,  at  their  discretion,   grant, 
Granting dipio-  without  examination,  diplomas  and  certificates  to  persons  present- 
^Texamina-    iog  authenticated  diplomas  or  certificates  from  other  States  of  the 
tion.   p.  1213.    iijjg  grade  and  kind  as  those  granted  by  the  board  of  this  State. 
Feb.  20, 1891.        Section  20.     All  State  diplomas.  State  certificates,  or  State  nor- 
piomas°ft^^  p  "^^^  diplomas  granted  by  the  State  board  of  education  may  be 
••213.  revoked  bj'^  the  board  for  immoral  or  other  unprofessional  conduct; 

and  all  persons  holding  such  diplomas  or  certificates,  before  engag- 
ing in  teaching  in  any  public  school  in  this  State,  shall  present 
such  diploma  or  certificate  to  the  superintendent  of  the  county  in 
which  the  holder  proposes  to  teach,  to  be  registered  by  the  super- 
intendent ;  and  such  holders  of  diplomas  or  certificates,  while  they 
remain  in  such  county,  shall  attend  institutes,  assist  in  institute 
work,  and  perform  such  other  reasonable  duties  as  may  be  required 
by  the  county  superintendent,  the  same  as  other  teachers  of  the 
county  are  required  to  do.  If  any  holder  of  a  diploma  or  certifi- 
cate, as  aforesaid,  shall  refuse  to  perform  his  duties  as  herein  speci- 
fied, then  it  shall  be  the  duty  of  the  county  superintendent  to 
report  such  unprofessional  conduct  to  the  State  board  of  education. 


TITLE  III. 

_Ibld.   g21.  COUNTY  SCHOOL  SUPERINTENDENT. 

< bounty  super- 

iTictionof.  p.  Section  21.    That  there  shall  be  elected  by  the  legal  voters  of 

1214.  the  several  counties  of  the  State  at  the  biennial  elections,  a  county 


SCHOOL   LAWS   OF  OREGON,  15 

«uperiutendent  of  common  schools  for  each  county,  who  shall  FEB.20,i»i.m 
hold  his  office  for  two  years,  or  until  a  successor  has  been  chosen  same  sobject. ' 
and  has  qualified  as  required  by  this  act. 

Section    22.      The   superintendent-elect   shall   qualify    within     ibid.  ?  22. 
thirty  days  after  the  day  of  election  by  taking  an  oath  to  support  J-ountv  "su^rT 
the  constitution  of  the  United  States  and  the  State  of  Oregon,  ando/.  p.  1214' 
to  faithfully  discharge  the  duties  required  of  him  by  this  act;  said 
oath  shall  be  reduced  to  writing,  subscribed  to,  and  placed  on  file 
in  the  county  clerk's  office  of  his  county. 

Section  23.    The  annual  salary  of  the  superintendent  shall  beFKB.2i,i«87.  |i. 
such  as  the  discretion  of  the  county  court  may  deem  the  yearly  Salary,  p.  121T. 
services  of  the  superintendents  demand;  provided^  that  the  annual  Proviso, 
salaries  now  being  paid  to  the  several  county  superintendents  by 
the  several  county  courts  shall  be  maintained;    and  p7'ovided Proviso, 
further,  that  nothing  in  this  act  shall  prevent  an  increase  of  the 
present  salaries  ( now  being  paid  to  the  several  county  superin- 
tendents by  the  several  county  courts)  whenever  such  additional 
compensation  shall  be  deemed  necessary. 

Section  24.    The  superintendent  shall  be  liable  to  a  fine  of  one  oct. 29, 1872.  ^24 
hundred  dollars  if  he  does  not  perform  the  duties  herein  required  Neglect  of 
of  him,  and  the  county  court  of  his  county  shall  bring  suit  against  for.  p.  1211. 
him,  as  in  other  cases,  if  he  fail  to  pay  said  fine  into  the  county 
school  fund  within  sixty  days  from  the  day  assessed. 

Section  25.    The  duties  of  the  superintendent  shall  be  as  follows:  Feb. 25, 1889.  Ji. 

First  —  He  shall  lay  off  his  county  into  convenient  school  dis-fo"°t7  super- 
•^  "^  intendenta, 

tricts,  and  may  also  make  alterations  and  changes  in  the  same  duties  of. 

when  petitioned  so  to  do,  in  the  manner  hereinafter  specified;  and 

he  shall  make  a  recoi*d  showing  the  boundaries  and  numbers  of  all 

the  districts  in  his  county  so  established  and  altered. 

Second  —  He  shall,  when  he  establishes  a  new  district,  immedi- 
ately notify,  in  writing,  some  taxable  inhabitants  of  such  district, 
giving  in  such  notice  the  number  and  boundaries  thereof;  and 
when  he  make^  alterations  he  shall  immediately,  in  the  manner 
aforesaid,  notify  the  directors  of  all  the  districts  concerned. 

Third  —  He  may  establish  new  districts,  when  not  already  laid 
off,  on  petition  of  three  legal  voters  of  each  proposed  new  district, 
but  shall  not  make  any  changes  in  the  districts  of  his  county  unless 
petitioned  so  to  do  by  a  majority  of  the  legal  voters  of  each  district 
concerned  in  the  change.* 

*  Note.— Where  a  school  district  has  been  organized  under  a  valid  law,  and  is  in  the  exercise 
of  corporate  powers,  the  validity  of  its  organization  cannot  be  questioned  at  the  suit  of  a  private 
party,  nor  in  a  collateral  action;  and  therefore  a  proceeding  by  a  taxpayer  to  restrain  the  collec- 
tion of  a  tax  voted  by  a  school  district,  which  has  at  least  a  de  facto  existence,  cannot  be  main- 
tained, when  the  only  objection  to  the  tax  is  that  the  action  of  the  county  superintendent  in 
organizing  the  district  and  fixing  its  limits  was  illegal.    R.  R.  Co.  v.  Wilson,  6  Pac.  Rep.  281, 


16  SCHOOL   LAWS   OF   OREGON. 

^^^'- — l^     Fourth  —  When    chang^es  are  made   in  district  boundaries  as 
Division  of 

school  property  heretofore  set  forth,  or  when  any  district  shall  be  divided  into  two 
or  more  parts  for  school  purposes,  the  existing  board  of  directors 
and  clerk  shall  continue  to  act  for  both  or  all  of  the  new  districts 
or  parts  of  districts,  until  such  districts  or  parts  of  districts  shall 
have  been  regularly  organized  by  the  election  of  directors  and 
clerks  as  hereinafter  set  forth  in  sections  30,  31,  32,  and  33,  title 
IV.,  of  the  school  law.  The  respective  board  of  directors  of  all 
the  districts  concerned  shall,  immediately  after  such  organization, 
make  an  equitable  division  of  the  then  existing  assets  and  liabil- 
ities between  the  old  and  new  districts  or  between  the  districts 
already  existing  and  affected  by  such  change;  and  in  case  of  a  fail- 
ure to  agree  within  ten  days  from  the  time  of  such  organization, 
the  matter  shall  be  decided  by  a  board  of  disinterested  arbitrators 
chosen  by  the  directors  of  the  several  districts  concerned.  The 
arbitrators'  decision  in  the  premises  shall  be  final.  The  said  board 
of  arbitrators  shall  consist  of  three  members,  of  whom  the  county 
superintendent  shall  be  a  member  and  ex  officio  chairman.  Each 
member  of  the  board  of  arbitrators  shall  be  entitled  to  the  sum  of 
two  dollars,  net,  per  day  for  each  day's  service  while  sitting  in  their 
official  capacity,  and  the  expenses  thus  occurring  shall  be  equally 
apportioned  among  the  several  districts  interested.  Assets  shall 
include  all  school  property  and  moneys  belonging  to  the  districts 
at  the  time  of  the  division.  Liabilities  shall  include  all  debts  for 
which  the  district,  in  its  corporate  capacity,  is  liable  at  the  time  of 
the  division.  In  determining  the  assets,  school  property  shall  be 
estimated  at  its  present  cash  value.  The  assets  and  liabilities  shall 
be  divided  separately  between  the  districts,  in  proportion  to  the 
last  assessed  value  of  the  property,  real  and  personal,  and  the  dis- 
trict retaining  the  real  property  shall  pay  to  the  other  district  or 
districts  concerned  such  sum  or  sums  as  shall  be  determined  in 

Proviso.  accordance  with  the  prior  provisions  of  this  section ;  provided,  that 

all  funds  arising  (and  that  shall  arise  during  the  current  year  in 

which  such  division  is  made )  from  the  five-mill  county  school  tax 

or  the  irreducible  State  school  fund,  shall  be  divided  in  proportion 

to  the  number  of  persons  between  the  ages  of  four  and  twenty 

years  who  are  actual  residents  of  the  district  at  the  time  of  the 

division. 

Ibid.  Fifth  —He  shall,  on  the  third  Monday  in  April  and  the  third 

Apportionm'nt  Monday  in  August  of  each  year,  make  an  apportionment  of  the 
of  school  funds  "^  °,     .  ^        »  .      ^,       -•  n       • 

entire  school  fund  then  in  the  county  treasury,  in  the  following 

manner:    Of  the  school  fund  in  the  treasury  of  his  county  that 


SCHOOL   LAWS  OF  OREGON.  17 

has  been  collected  in  pui-suance  of  the  school  tax  levy  of  the  county  Fkh.  2.^  issi.  ji 
court  of  his  county,  he  shall  apportion  the  sum  of  fifty  dollars  '^"^^  subject' 
once  a  year  to  each  of  the  several  districts  of  his  county  that  haK 
reported  to  him  as  required  by  law,  and  all  the  balance  of  the 
school  funds,  of  whatever  nature,  thereafter  remaining  in  the 
treasury  of  his  county,  shall  be  apportioned  by  him  among  the 
several  districts  of  his  county  tliat  have  reported  to  him  as  recjuired 
by  law,  in  proportion  to  the  number  of  person [s]  in  each  district 
over  the  age  of  four  years  and  under  twenty  yeare;  provided^  that  Proviso, 
if,  at  the  time  of  making  such  apportionment,  there  shall  not  be  a 
sufficient  sum  of  money  in  the  treasury  of  his  county,  of  the 
school  funds  collected  in  pursuance  of  the  school-tax  levy  of  the 
county  court  of  his  county,  to  enable  him  to  apportion  to  each  dis- 
trict in  his  county  that  has  reported  to  him  as  required  by  law  the 
sum  of  fifty  dollars,  then  in  that  case  he  shall  apportion  the  entire 
amount  of  the  school  fund  then  in  the  treasury  that  has  been 
collected  in  pursuance  of  the  school-tax  levy  of  the  county  court 
of  his  county,  pro  rata  among  such  districts  of  his  county  as  have 
reported  to  him  according  to  law.  As  soon  as  he  shall  have  made 
such  apportionment  he  shall  draw  orders  on  the  treasurer  in  favor 
of  the  districts  for  their  respective  shares,  and  immediately  trans- 
mit the  same  to  the  clerks  of  their  respective  districts;  jjrovided,  Proviso, 
that  the  superintendent  shall  not  issue  or  transmit  any  warrant  to 
any  clerk  for  school  funds  for  any  district  until  the  clerk's  bond, 
provided  for  by  law,  shall  have  been  received,  examined,  approved 
by  the  county  superintendent  and  filed  by  him  in  his  office  as 
part  of  the  permanent  records  thereof. 
Sixth  —  He  shall  keep  a  book  in  which  he  shall  open  an  account ibid^ 


with  the  treasurer  of  his  county,  also  with  the  several  districts.  ^*^""!rJus!* 
He  shall  charge  the  treasurer  with  all  the  school  funds  going  into"™'", 
his  hands,  and  when  the  treasurer  shall  present  to  him  the  district 
clerks'  receipts  he  shall  credit  the  treasurer  with  the  amount. 
When  the  superintendent  shall  have  made  any  3'early  apportion- 
ment of  the  school  fund,  he  shall  credit  each  district  with  the 
amount  set  apart  to  it,  and  on  receiving  the  receipts  of  a  clerk  of  a 
district  from  the  treasurer,  he  shall  charge  the  amount  to  such 
district. 

Seventh  — He  shall  take  good  care  of  the  school  lands  of  his         iMd. 

county,  and  if  any  pei-son  shall  in  any  manner  trespass  upon  the  ^Hdg"^  school 
same  he  shall  prosecute  him  for  double  the  amount  of  damage 
done  said  land,  such  sum  to  be  paid  into  the  county  treasury,  and 
shall  belong  to  the  school  fund  of  the  county;  provided,  that  the  Proviso, 
board  of  school  land  commissioners  shall  furnish  to  eaxjh  school 


18 


SCHOOL   LAWS   OF  OREGON. 


Feb.  25, 1889.  gi.  superintendent  in  the  State  for  his  office  the  necessary  plats  and 

Same  subjectT  numbers  to  fully  show  the  location  of  all  the  school  lands  in  his 

county. 

Ibid.  Eighth  —  All  persons  applying  for  certificates  with  the  int-eution 

Teachers'  cer-  ^f  teaching  in  any  county,  shall  be  examined  in  the  foUov/ing 

branches,  viz.: 

Oithography,  Geography, 

Reading,  Modern  History, 

Writing,  Theory  of  Teaching, 

Mental  Arithmetic,  Physiology, 

Written  Arithmetic,  Hygiene. 
English  Grammar, 

And  if  they  possess  a  good  moral  character  and  pass  examina- 
tion as  hereinafter  set  forth,  they  shall  receive  certificates  of  the 
following  form,  tow  it: 


Ibid. 


Same  subject. 


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SCHOOL  LAWS  OF  OREGON.  19 

In  each  county  there  shall  be  a  board  of  county  examiners,  com-  FKB.2r>,i8». 
posed  of  the  county  superintendent,  who  shall  be  ex  officio  chair- ^™®""*>J«<^ 
man  of  the  board,  and  two  competent  persons,  who  shall  be 
appointed  by  the  county  superintendent,  and  shall  serve  one  year 
from  the  time  of  their  respective  appointments,  and  each  member 
of  said  board  shall  receive  for  his  services  the  sum  of  three  dollars 
per  day  for  the  time  actually  employed  in  conducting  the  quar- 
terly examinations  hereafter  provided  for.    The  board,  two  of    feb.21,1891. 


whom  shall  constitute  a  quorum,  shall  hold  quarterly  examina- Same  subject, 
tions,  commencing  at  1  o'clock  P.  M.  on  the  second  Wednesday 
of  each  of  the  following  months,  viz:  February,  May,  August, 
and  November  of  each  year,  at  such  places  as  may  be  designated 
by  the  county  superintendent  ( who  shall  give  ten  days'  notice  of 
all  exj'minations),  publicly  examine  such  persons  proposing  to 
teach  in  the  public  schools  of  the  county  as  to  their  competency 
to  teach  the  branches  prescribed  by  law  ;  and  such  board  of  exam- 
iners shall  issue  certificates,  as  hereinafter  provided,  to  all  such 
applicants  as  shall  pass  the  required  examination  and  satisfy  the 
board  as  to  their  good  moral  character  and  ability  to  teach  and 
govern  schools  successfully ;  provided  further^  that  the  lime  here-  Proviso, 
inbefore  stated  for  the  commencement  of  the  quarterly  examina- 
tions of  each  year  shall  be  absolute  and  uniform  in  each  and  every 
<jounty  in  the  State.  Boards  of  examiners  shall  be  paid  for  their 
services  as  provided  for  in  this  act,  which  claims  for  services  shall 
be  certified  to  by  the  board  of  examiners  and  audited  by  the 
county  court,  who  shall  order  warrants  drawn  quarterly  upon  the 
general  fund  of  the  county.  Certificates  issued  by  the  county 
board  of  examiners  shall  be  of  three  grades,— first,  second,  and 
third,— and  shall  continue  in  force  respectively  three  years,  two 
years,  and  one  year,  as  follows :  Certificates  of  the  first  grade 
shall  not  be  issued  to  persons  under  eighteen  years  of  age,  nor 
to  suc^h  as  have  not  taught  at  least  twelve  school  months  with 
approved  success.  Certificates  of  the  first  grade  shall  certify 
that  the  person  to  whom  issued  is  proficient  in  and  has  passed 
satisfactory  examination  in  all  the  branches  required  by  law; 
provided,  that  persons  who  receive  first-grade  certificates  shall 
make  a  general  average  of  not  less  than  ninety  per  cent  of  all 
questions  asked,  and  in  no  case  shall  a  person  receive  a  cer- 
tificate of  the  first  grade  who  shall  fall  below  seventy  per  cent 
in  any  one  branch.  First-grade  certificates  shall  be  valid  only 
throughout  the  county  where  given,  and  must  be  issued  at  the 
quarterly  public  examination;  provided  further,  that  such  first- Proviso, 
grade  certificates  shall  not  be  issued  to  the  same  person  more  than 
once. 


20 


SCHOOL   LAWS   OF  OREGON. 


Feb.  25, 1889.        Ninth  —  Certificates  of  the  second  grade  may  be  issued  to  per 

Same  subject,  gons  of  not  less  than  seventeen  years  of  age,  who  have  taught  suc- 
cessfully not  less  than  three  school  months,  and  who  shall  fully 
satisfy  the  examining  board  as  to  their  ability  to  teach  all  the 

Proviso.  branches  required  by  law  ;  provided,  that  persons  receiving  second- 

grade  certificates  shall  make  a  general  average  of  not  less  than 
eighty  per  cent  in  all  the  branches  prescribed  by  law,  and  in  no- 
case  shall  a  person  receive  a  second-grade  certificate  who  falls  below 
sixty  per  cent  in  any  one  branch.  All  second-grade  certificates 
must  be  obtained  at  public  examinations,  and  shall  not  be  issued 
to  the  same  person  more  than  once.  Certificates  of  this  grade  shall 
not  be  renewed  and  shall  not  be  valid  out  of  the  county  where 
given.  Certificates  of  the  third  grade  shall  be  valid  only  through- 
out the  county  in  and  for  which  they  were  granted  for  one  year, 

Proviso.  and  must  be  obtained  at  public  examination  ;  provided,  that  per- 

sons who  receive  a  third-grade  certificate  shall  make  a  general 
average  of  not  less  than  seventy  per  c^t  in  all  branches  required 
by  law,  and  in  no  case  shall  a  person  receive  a  third-grade  certifi- 
cate who  falls  below  forty  per  cent  in  any  one  branch.  Certificates 
of  the  third  grade  shall  not  be  issued  to  the  same  person  more 
than  once.  All  certificates  issued  under  this  act  shall  be  valid 
only  throughout  the  county  in  and  for  which  they  are  granted.  A 
fee  of  one  dollar  shall  be  charged  for  each  certificate  obtained  at 
the  public  examinations,  which  fees  shall  form  a  fund  to  defray 
the  expenses  of  the  teachers'  county  institutes.  All  fees  received 
for  certificates  at  public  examinations  shall  be  receipted  for  by  the 
superintendent,  and  shall  be  paid  by  him  to  the  county  treasurer, 
taking  his  receipt  therefor.  All  fees  received  from  this  source  by 
the  county  treasurer  must  be  credited  to  the  county  institute  fund. 
Temporary  certificates  or  permits  may  be  granted  by  the  county 
superintendent  in  case  of  necessity,  valid  only  in  the  county 
where  issued,  and  valid  only  until  the  next  regular  public  quar- 
terly examination  thereafter  held  by  the  county  board  of  exam- 

Proviso.  iners ;   provided,  that  no  such  temporary  permits  or  certificates 

shall  be  granted  more  than  once  to  the  same  person,  nor  to  an 
applicant  who  fails  in  an  examination  at  the  last  regular  public 
examination  held  by  the  county  board  of  examiners.  The 
county  superintendent  shall  charge  a  fee  of  two  dollars  and  fifty 
cents  for  each  and  every  temporary  certificate  or  permit  in 
advance,  which  fees  shall  be  receipted  for  by  the  county  super- 
intendent to  the  applicants  receiving  the  said  permits:  pro- 
vided, that  the  said  fees  shall  be  paid  by  the  county  superin- 


SCHOOL   LAWS   OF  OREGON,  21 

tendent  to  the  county  treasurer,  taking  his  receipt  therefor,  and    ¥mi.2i,,vm. 
which  shall  be  credited  to  the  county  institute  fund;  provided ^'^^  »"bjecir 
Jurther,  that  teachers  who  have  secured  first-grade  certificatea  in 
accordance  with  the  provisions  of  this  act,  shall  be  entitled  to 
receive  a  first-grade  State  certificate  without  further  ex jniii nation; 
provided,  they  have  taught  three  years  successfully  in  the  public  iTovi-o. 
schools  of  this  State,  and  are  recommended  by  the  county  super- 
intendent and  the  county  board  of  examiners  for  the  same,  and 
have  paid  the  fees  as  required  by  section  2582  of  the  laws  of  Oregon 
il  17  of  this  compilation  ].    Teachers  who  hold  State  certificates, 
as  above  set  forth,  and  have  taught  four  years  successfully  in  the 
public  schools  of  this  State,  shall  be  entitled  to  a  State  diploma; 
provided,  they  pass  an  examination  before  the  county  superin-  Proviso, 
tendent,  or  the  board  of  county  examiners,  in  book-keeping,  com- 
position, and   physical  geography,  and  are  recommended  by  the 
county  superintendent  and  county  board  of  examiners,  and  have 
paid  the  fee  as  required  by  section  2-582  aforesaid  [  ^  17  of  this  com- 
pilation ].    Teachers  who  hold  State  diplomas,  as  above  described, 
and  have  taught  not  less  than  six  yeai*s  successfully  in  the  public 
schools  of  this  State,  shall  be  entitled  to  receive  a  State  life  diploma; 
provided,  they  pass  an  examination  before  the  county  superintend-  I'roviso. 
ent  or  the  board  of  county  examiners,  in  the  additional  branches 
of  algebra,  English  literature,  Oregon  school  law,  and  general  his- 
tory, and  present  a  recommendation  from  the  county  superintend- 
ent and  board  of  county  examiners,  and  have  paid  the  required 
fee  as  set  forth  in  section  2582  aforesaid;  provided  farther,  that  the  Proviso. 
questions  for  all  the  above-mentioned  additional  examinations 
shall  be  of  the  same  grade  as  those  commonly  used  in  State  exam- 
inations, and  shall  be  furnished  by  the  State  board  of  examiners 
to  the  State  board  of  education,  who  shall   distribute  them  to 
<?ounty  boards  of  examiners.     In  lieu  of  the  fees  heretofore  received 
by  the  county  superintendent  from  fees  for  teachers'  certificates,  he 
shall  receive  annually  the  sum  of  two  dollars  and   fifty  cents  for 
each  and  every  district  in  his  county  making  the  usual  annual 
report  as  required  by  law  and  as  set  forth  in  section  42  of  the  school 
laws,  which  amount  shall  be  allowed  and  ordered  paid  out  of  the 
general  fund  of  the  county  by  the  county  court. 

Tenth— He  shall  visit  the  schools  taught  in  his  county  at  least  __|bid. 

once  in  a  year,  and  shall  seek  to  aid,  instruct,  and  inspire  teachers  ^**^^  ^'*'^^" 
to  employ  the  best  methods  of  teaching,  governing,  and  conducting 
their  schools;  and  he  shall,  if  necessary,  secure  the  proper  cla.ssifi- 
<?ation  of  pupils,  the  arrangement  of  courees  of  study,  and  the  care 


22  SCHOOL   LAWS   OF  OREGON. 

Feb.  25, 1889.  and  protection  of  school  property.  He  shall  study  to  awaken 
Same  subject,  among  parents  and  children  a  deeper  interest  in  the  public  schools- 
so  as  to  secure  improved  attendance,  deportment,  and  scholarship 
or  [of]  pupils,  and  more  frequent  visits  of  parents  and  school 
directors.  He  shall  carefully  observe  the  condition  of  the  school- 
house  and  surroundings,  note  all  defects  and  notify  the  board  of 
directors  of  the  same. 
Ibid.  Eleventh  —  He  shall  receive  the  reports  of  all  the  districts  of 

Annual  report,  j^is  county,  and  shall  by  the  first  Monday  of  April  of  each  year 
make  out  his  record,  kept  for  that  purpose,  from  the  district  reports- 
a  general  report,  adding  such  suggestions  thereto  as  he  may  deem 
of  importance  to  the  cause  of  education,  and  transmit  a  copy 
thereof  to  the  Superintendent  of  Public  Instruction. 
Ibid.  Twelfth  —  He  shall,  by  the  thirtiet;h  of  June  of  each  year,  make  out 


'^^  i^nancia?  ^  finance  report  to  the  county  court,  showing  the  amount  of  money 

report,  and       assessed  and  collected  at  county  expense  and  applied  to  county 
other  duties.  ^\,^ 

schools  during  the  year  ending  the  first^Monday  of  April  previous. 

Thirteenth  —  He  shall  turn  over  to  his  successor  in  office,  when, 
he  shall  have  qualified  as  required  by  this  act,  all  books  and 
papers  belonging  to  his  office. 

Fourteenth  —  He  shall  hear,  examine,  and  decide  appeals  from 
district  officers  and  teachers  without  cost  to  the  appellants,  and 
subject  to  appeal  to  the  Superintendent  of  Public  Instruction. 

Fifteenth  —  He  shall  arrange  a  course  of  study  for  county  schools- 
when  practicable. 

Sixteenth  —  He  shall  have  an  advisory  power  in  the  location  of 
schoolhouses,  and  in  the  selection  of  teachers.         ' 

Seventeenth  —  He  shall  'make  special  reports  of  important  mat- 
ters relating  to  the  public  schools  in  his  county  when  necessary 
and  when  required  by  the  Superintendent  of  Public  Instruction. 

Eighteenth  —  He  shall  act  as  ex  officio  member  of  the  State  board 
of  examiners,  and  shall  assist  in  State  examinations  when  directed 
by  the  Superintendent  of  Public  Instruction. 

Nineteenth  — He  shall  have  power  to  appoint  a  deputy  whenever 
the  same  may  become  expedient  and  necessary,  but  no  salary  shall 
be  paid  such  deputy  out  of  the  public  school  or  general  fund  of  the 
county. 

Twentieth  —  He  shall  advise  and  consult  with  boards  of  directors- 
relative  to  the  construction,  warming,  ventilation,  and  arrange- 
ments of  schoolhouses;  the  improving  and  adorning  of  school 
grounds;  methods  of  instruction  and  discipline  in  the  school,  and 
the  condition  of  schoolhouses,  sites,  and  out-buildings  and  append- 
ages of  the  district  generally. 


SCHOOL   LAWS  OF  OREGON.  23 

Twenty-first — He  shall  use  a  uniform  series  of  blank  reports,   Feb.25.1880. 
registers,  receipts,  etc.,  whenever  the  same  shall  be  provided  by  ^*™®*"''J«c'~ 
the  State. 

Twenty-second  —In  order  to  develop  to  higher  degrees  of  excel- 
lence the  work  of  public  school  education  in  each  county,  and  to 
secure  that  attention  and  aid  which  their  importance  demands,  it 
shall  be  the  duty  of  the  county  superintendent  to  organize  and 
hold  local  institutes  and  educational  meetings  in  various  parts  of 
the  county  at  such  times  and  places  as  he  may  deem  most  expe- 
dient, and  he  shall  secure  at  these  meetings,  as  far  as  practicable, 
the  attendance  and  cooperation  of  school  officers,  teachers,  and 
parents.  For  these  special  services  the  county  superintendent  shall 
receive  the  sum  of  three  dollars  per  day  and  necessary  traveling 
expenses,  which  accounts  shall  be  audited  by  the  county  court 
quarterly,  and  paid  by  the  eounty  treasurer  on  warrants  of  the 
county  clerk  drawn  on  the  general  fund  of  the  county. 

Twenty-third — The  county  superintendent  shall  hold  annually  ibid. 
a  teachers'  county  institute  for  a  term  of  not  less  than  three  days  {Jte" *^  '°*^' 
for  the  instruction  of  teachers  and  those  desiring  to  teach,  and  all 
teachers  in  the  public  schools  of  his  county  shall  be  required  to 
attend,  and  the  county  superintendent  may  at  his  discretion  revoke 
the  certificate,  reduce  the  grade,  or  refuse  to  grant  a  certificate  to 
any  teacher  who  refuses  to  attend  the  county  institute  without 
cause.  The  county  superintendent  shall  receive  the  assistance  and 
cooperation  of  the  Superintendent  of  Public  Instruction  in  holding 
annual  institutes.  Every  teacher  attending  any  annual  county 
institute  held  in  accordance  with  the  provisions  of  this  act  shall  be 
given  by  the  county  superintendent  a  certificate,  setting  forth  at 
what  sessions  of  said  institute  such  teacher  shall  have  been  in 
attendance,  and  any  teacher  who  shall  have  closed  his  or  her 
school  for  not  more  than  two  days  in  order  to  attend  said  institute 
shall  not  forfeit  his  or  her  wages  as  teacher  during  such  time  as  he 
or  she  shall  have  been  in  attendance  at  said  institute,  and  the  cer- 
tificate hereinbefore  provided  shall  be  evidence  of  such  attendance; 
provided,  that  if  the  institute  is  held  during  the  session  of  school,  proviso, 
that  such  directors  shall  be  required  to  grant  two  days'  time  of 
actual  school  service  to  their  teachers  to  attend  the  said  institute, 
during  which  said  two  days'  time  their  pay  as  teachers  shall  con- 
tinue. For  the  purpose  of  defraying  the  current  expenses  of  the 
annual  institute,  such  as  rooms,  lights,  expenses  of  lectures  and 
instructors,  etc.,  the  county  superintendent  shall  draw  an  order  on 
the  county  treasurer  for  such  a  sum  as  may  be  necessary  to  defray 
the  expenses  of  said  institute,  which  sum  the  county  treasurer 


24  SCHOOL   LAWS   OF  OREGON. 

Feb. 25, 1889.    shall  pay;  provided,  that  such  sum  shall  not  exceed  the  amount 
Same  subject.    ^^  institute  fund  in  the  county  treasury.     The  county  clerk  shall 
audit  the  annual  institute  account  of  the  county  superintendent, 
which  account  shall  be  filed  in  the  county  clerk's  office. 

Twenty-fourth  —  The  county  commissioners  shall  provide  the 
county  superintendent  with  a  plot  of  the  boundaries  of  the  several 
school  districts  of  his  county,  showing  the  propertj'  owners 
therein,  and  where  present  boundaries  are  uncertain  or  conflicting, 
shall  have  power  to  establish  or  correct  them.  The  county  commis- 
sioners shall  also  provide  the  county  school  superintendent  with 
all  necessary  blanks,  blank  books,  stationery,  postage,  expressage, 
and  other  expenses  of  his  office  not  otherwise  provided  for,  which 
said  expense  shall  be  paid  for  from  the  general  fund  of  the  county. 
Oct.  29, 1872.  g26     Scction  26.     If  any  county  superintendent  shall  fail  or  neglect 

Couuty  court    to  report  to  the  State  Superintendent  of  Public  Instruction,  as  pro- 
may  remove  sr  f  }        H 

superintendent  vided  for  in  this  act,  within  ten  davs  after  the  time  specified,  the 

p.  122f).  - 

State  Superintendent  shall  report  the  delinquency  to  the  county 
judge  of  the  county  for  which  such  supeMntendent  holds  office ; 
and  the  county  court,  or  a  majority  thereof,  may  declare  vacant 
the  office  held  by  such  county  superintendent,  and  fill  the  unex- 
pired term  of  such  vacant  office  by  the  appointment  of  some  com- 
petent person,  who  shall  be  a  duly  qualified  elector  of  said  county. 
Ibid,  g  27. Section  27.     In  case  of  a  vacancy  in  the  office  of  county  super- 


m^TfiU*^^""'^^    intendent,  the  county  court  shall  appoint  some  suitable  person  to 

vacancy.  p.i225  flu  ^^^  ^^le  unexpired  term. 

Feb.  17, 1887.  §1.  Section  28.  The  county  courts  of  the  several  counties  of  this 
Feb. 21, 1893.    state  are  hereby  required  to  levy,  at  the  same  time  they  levy  other 

tolevy  tax^^     taxes,  a  tax  upon  all  taxable  property  in  their  counties  for  school 

p.  i22u.  purposes,  "which  shall  aggregate  an  amount  which  shall  be  a« 

much  or  more  per  capita  for  each  and  all  of  the  children  within 
the  county  between  the  ages  of  four  and  twenty  years,  as  shown 
by  the  then  last  preceding  school  census,  as  the  aggregate  amount 
of  the  school  tax  levied  in  the  county  for  the  year  1892  amounted 
per  capita  for  each  and  all  of  the  children  between  the  ages  of  four 
and  twenty  years  then  in  the  county,  as  shown  by  the  school  cen- 
sus next  preceding  the  time  of  the  levy  of  such  tax  for  said  year 
1892,  which  shall  be  collected  at  the  same  time,  in  the  same  man- 
ner, and  by  the  same  officers  that  other  taxes  shall  be  collected." 
Oct.  21),  1872.        Section  29.     The  county  treasurer  of  each  county  shall  make 

lirer^to  report    annual  exhibit  of  all  school  funds  coming  into  and  paid  out  of  the 

**  ml  ^""*^^  treasury.  He  shall  also  retain  and  produce  all  the  superintendent's 
orders  by  liim  paid  off,  on  the  yearly  settlement  with  the  county 
superintendent. 


SCHOOL    LAWS   OF  OREGON.  25 

TITLP:  IV. 

SCHOOL  DISTRICTS. 

Hection  30.     The  taxable  inhabitants  of  a  newly-established  Oct.»,1872.j30 
district  receiving  the  notice  from  the  county  Huperintendent  as  ^'**^^^  V*  ^^"^ 
provided  in  section  25,  under  the  title  of  county  school  superin-  p  I'-'s-- 
tendent.  shall  immediately  write  and  post  up  three  notices  in 
public  places  in  the  district,   notifying  the  citizens  thereof  to 
assemble  at  some  convenient  place  for  the  purpose  of  organizing 
iind  electing  three  directors  and  a  clerk,  to  serve  the  remainder  of 
the  school  year,  or  until  their  successors  are  chosen  and  qualified. 
When  three  or  more  voters  have  assembled,  pursuant  to  notice, 
they  shall  constitute  a  quorum  to  do  business,  and  shall  have 
power  to  do  all  business  done  at  annual  school  meetings;  /?ra- proviso. 
vlded,  that  at  least  ten  days'  notice  shall  be  given  for  all  meetings 
called  in  pursuance  of  this  act;  provided  further,  that  in  anyprovino 
district  containing  live  hundred  or   more  qualified  voters  this 
notice  shall  be  duly  published  in  one  or  more  newspapers  of  such 
district  in  which  said  district  is  located. 

Section  31.     Such  meetings  shall  organize  by  appointing  a  chair-         ibid.  

man  and  secretary,  and  may  then  proceed  to  elect,  by  ballot,  three  ^^'^'^J^'lJj'^j 
directors,  who  shall  hold  their  offices  until  their  successors  are^DK-  p.  i2-'7. 
■elected  and  qualified.     Such   meeting  shall  also  elect  a  district 
<;lerk,  who  shall   hold   his  ottice  until  the  fii-st  annual  meeting 
thereafter,  or  until  his  successor  has  been  chosen  and  qualified. 

Section  32.    The  directors  and  clerk  elected  at  the  first  meeting ii)i«i.  g  m. 

shall  qualify  immediately  by  taking  an  oath  to  support  the  consti- J^j^Jfj^'^^J™  *^j 
tution  and  laws  of  the  United  States  and  of  the  State  of  Oregon,  ny.  p-  »25M. 
iuid  to  faithfully  discharge  the  duties  of  their  office  to  the  best  of 
their  ability  ;  and  the  clerk  shall  give  a  bond  to  the  directors  for 
such  sum  as  they  may  require,  as  an  additional  pledge  for  the 
faithful  performance  of  his  duties.  The  chairman  of  the  meeting 
or  aqy  one  he  may  choose  shall  administer  the  oath  of  office  to  the 
directors  and  clerk-elect. 

Section  33.    The  directors  and  clerk  elected  and  qualified  as     ibid.  i;«. 
aforesaid  shall  have  the  same  power  and  shall  perform  the  samePovrersof 

^  J     1     1     directors  and    - 

duties  hereinafter  required  to  be  performed  by  directors  and  clerks  clerks, 
elected  at  the  annual  meeting  of  regularly  organized  districts.* 

Section  34.    Organized  districts  shall  hold  annual  meetings  onocr.is.^KTH.  J6. 
the  first  Monday  of  March,  and  shall  elect  one  director  every  year  A  tin  uai  school 
for  each  district,  who  shall  qualify  as  aforesaid  and  shall  hold  his  122s. 
office  for  three  years,  so  that  the  oldest  director  shall  retire  from 
*  Note.— School  districts  are  public  corporations.    State  v.  Hulln,  2  Or.  306. 


26  SCHOOL   LAWS   OF  OREGON. 

OcT.i8,i878.g6.  office  in  order.     The  directors  elected  on  the  organization  of  a 

Same  subject,  district  shall  remain  or  retire,  as  a  vote  of  the  first  annual  meeting- 
may  decide;  the  two  getting  the  highest  votes  to  retain  their  office 
until  the  next  annual  meeting,  and  the  one  getting  the  highest 
vote  thereat  shall  serve  until  the  next  annual  meeting  thereafter; 

Proviso.  provided^  that  in  any  district  containing  five  hundred  or  more 

qualified  voters  the  annual  election  for  directors  and  clerk  shall  be 
held  at  from  2  P.  M.  till  6  P.  M.  of  the  second  Monday  in  March; 
that  such  election  shall  be  by  ballot,  and  that  the  judges  of  such 
election  shall  be  appointed  by  the  directors  of  such  district,  who- 
shall  sit  at  the  time  and  place  appointed  to  receive  and  canvass  the 
votes  and  report  the  result  to  the  directors;  but  in  such  districts 
the  annual  meeting  shall  be  held  on  the  first  Monday  in  March  for 
the  transaction  of  business  other  than  the  election  of  director  and 
clerk. 

Oct.  29. 1872.  §35     Section  35.     Any  two  directors  shall  constitute  a  quorum  to  do 

Quorum  of  di-   hn«inpe« 
rectors,  p.  1229.  ""Siness. 

Ibid.  Section  3().    The  oldest  in  office  of  the  directors  present  shall 

Oldest  direc-     act  as  chairman  of  all  meetings;  and  in  case  neither  of  the  directors 

tor  chairman.  °   ' 

p.  1229.  is  present  the  qualified  voters  present  shall  elect  a  chairman.* 

Feb.  17. 1887.  gi.     Section  37.     The  duties  of  directors  of  school  districts  shall  be,— 
jfeb.  22, 1893.       ^     rp^  authorizc  the  clerk  to  call  special  meetings. 
Duties  of  direc-      ^      ,„     .  ,         ,     ,  ,       .   .  ,  ^  i,     ^ 

tors.  p.  1229.         2.     To  issue  warrants  to  the  clerks  authorizing  them  to  collect 

in  the  name  of  the  district,  and  in  the  same  manner  as  State  and 
county  taxes  are  collected,  all  taxes  assessed  to  the  inhabitants 
thereof,  and  upon  the  taxable  property  within  the  district  of  non- 
residents thereof,  t 

3.  The  directors  shall  furnish  their  schools  with  fuel  already 
prepared  for  use,  chalk,  brooms,  blackboards  and  erasers,  stoves,, 
window  curtains,  and  other  things  necessary  for  the  use  of  the 
schools ;  and  if  authorized  by  a  majority  vote  of  the  legal  voters 
present  at  any  legally-called  school  meeting,  they  shall  purchase, 
lease,  or  build  schoolhouses,t  buy  or  lease  land  for  school  pur- 

*  Note.— The  words  "oldest  in  office  of  the  directors  present,"  mean  the  director  who  has 
served  the  longest  time  as  such  under  an  election;  and  such  director  has  the  authority,  and  it  is 
his  duty,  to  preside  as  chairman  at  all  school  meetings  of  his  district.  The  State  of  Oregon  ex 
rel.  G.  W.  Patty  v.  J.  McKec,  20  Or.  120. 

t  Note.— Taxable  property,  within  the  meaning  of  the  statute  which  authorizes  the  levy  of 
taxes  by  school  districts,  is  that  property  which  persons  within  the  district  own,  exclusiye  of 
indebtedness.  The  clerks  of  school  districts,  in  making  assessments,  must  follow  the  general  law 
governing  assessors.    Stephens  v.  School  District,  6  Or.  353. 

X  Note.  — Claims  against  a  school  district  should  be  presented  to  the  board  of  school  directors- 
before  the  commencement  of  an  action  thereon,  and  the  omission  of  such  allegation  in  the  com- 
plaint renders  the  same  demurrable.  Such  requirement  imposes  no  hardship  on  the  claimant,, 
and  affords  the  school  district  an  opportunity  to  pay  without  suit.  Stackpole  v.  School  District^ 
9  Or.  508. 


SCHOOL  LAWS  OF  OREGON.  27 

poses,  and  take  care  of  and  furnish  their  school  houses  with  the  feb.17,is87.  gi. 
necessary  furniture,  lights,  apparatus,  etc.;  and  when  authorized  "Feb. 22. 18^ 
by  a  majority  vote  of  the  legal  voters  present  at  any  legally-called  ^™®  ^^^l^<^^- 
school  meeting  may,  for  all  or  any  of  the  above-mentioned  objects, 
in  the  name  and  on  behalf  of  the  said  district,  contract  indebted- 
ness by  borrowing  money,  or  otherwise,  not  exceeding  five  per 
centum  of  the  value  of  the  taxable  property  of  the  district,  and  for 
such  purpose  may  issue  and  sell  negotiable  coupon  bonds  of  the 
district  as  hereinafter  provided,  and  may  from  time  to  time,  not 
oftener.than  once  a  year,  assess  the  taxable  property  of  said  dis- 
trict to  pay  the  interest  thereon  and  the  principal  when  due, 
which  taxes  shall  be  collected  in  the  same  manner  as  other  school 
taxes  are  or  may  be  collectible  by  law. 

4.  To  see  that  the  wishes  of  the  district  toward  outside  scholars 
who  have  no  school  in  their  own  district  or  districts,  or  who,  from 
proper  causes,  cannot  attend  in  their  own  district,  are  duly 
respected. 

5.  To  employ  teachers  and  assist  them  in  the  government  of 
the  school. 

6.  The  directors  shall  visit  and  inspect  their  schools  from  time 
to  time,  and  when  necessary  may  exclude  any  refractory  pupil 
therefrom  ;  but  the  exclusion  of  any  pupil  from  the  school  for  dis- 
orderly conduct  shall  not  extend  beyond  the  current  term,  and 
may  be,  in  the  discretion  of  the  directors,  for  a  shorter  period. 

7.  To  audit  all  claims  against  the  district  and  draw  orders  on 
the  clerk  for  the  amount.* 

8.  To  require  and  take  from  the  district  clerk  a  bond  with  sui-e- 
ties,  and  in  such  amount  payable  to  said  district  as  said  directors 
shall  prescribe,  conditioned  for  the  faithful  performance  of  the 
duties  of  the  office  of  clerk  of  said  district ;  provided^  that  the  proviso, 
clerk's  bond  shall  be  equal  in  amount  to  not  less  than  double  the 
probable  amount  of  all  school  moneys  that  shall  come  into  his 
hands  as  clerk  of  said  district ;  and  promded  further ^  that  the  said  Proris*. 
clerk's  bondsmen  shall  be  other  than  the  directors  of  the  district, 

and  said  clerk's  bond  shall  be  filed  with  the  county  superintendent 
of  schools.  Districts  shall  not  be  entitled  to  their  proportion  of 
the  school  fund  unless  said  clerk's  bond  shall  be  filed  with  the 
county  superintendent  of  schools  within  thirty  days  from  the 
regular  annual  meeting  held  on  the  first  Monday  of  March  in 
each  year. 

*  Note  —A  contract  for  building  a  school  house  void  because  made  by  only  one  member  of 
the  school  board,  may  afterwards  be  ratified  and  made  binding  upon  the  school  district  by  the 
full  board  or  by  the  school  district.    Sullivan  v.  School  District,  18  Pac.  Rep.  287. 


*28  SCHOOL   LAWS   OF   OR  EG  OK     ' 

yjcB.  17.  i887.g  1     9:     To  examine  and  correct  the  assessment  roll  made  by  clerks 
Same  Kubjeei.    .^g  herein  otherwise  provided  by  law. 

10.  To  levy  rate  bills  whenever,  in  their  opinion,  it  is  for  the 
best  interests  of  the  district  to  do  so,  fixing  therein  the  amount  of 
tuition  to  be  paid  by  each  pupil  attending  school,  and  direct  the 
clerk  to  collect  the  same  in  the  name  of  the  district,  which  may  be 
enforced  by  warrant  issued  by  the  directors  as  taxes  are  collected, 

rroviso.  or  by  action;  provided,  that  in  no  instance  shall  rate  bills  be  levied 

until  all  public  school  moneys  (otherwise  obtained)  shall  have 
been  exhausted.  The  directors  of  school  districts  are  hereby 
allowed  to  provide,  from  time  to  time,  with  the  common  school 
fund  for  their  districts,  for  the  insurance  of  their  school  buildings, 
and  for  the  purchase  of  globes,  charts,  maps,  and  other  apparatus 
for  use  in  their  schools;  and  such  apparatus  shall  be  kept  at  the 
schoolhouse  during  each  term  of  school  for  the  use  of  the  pupils 

3Toviso.  and  teachers;  provided,  that  the  yearly  expenditures  thereof  shall 

not  exceed  the  sum  of  seventy -five  dollars  per  year  in  districts 
receiving  five  hundred  dollars  or  over  frtjm  the  common  school 
fund,  and  not  to  exceed  thirty  dollars  in  all  other  districts  receiv- 
ing less  than  five  hundred  dollars  therefrom. 

11.  The  directors  of  any  school  district  in  the  State  which  shall 
contain  ten  thousand  inhabitants  or  more  may,  upon  the  petition 
of  not  less  than  one  hundred  resident*  and  qualified  electors  of 
such  school  district,  provide  that  one  or  more  of  the  common 
schools  to  be  kept  in  such  district  shall  be  taught  in  the  German 
language,  and  the  teachers  employed  in  such  school  or  schools,  in 
addition  to  other  qualifications  required  of  teachers  under  the 
existing  school  laws,  shall  be  educated  in  the  German  language 
and  qualified  to  teach  the  same. 

12.  Boards  of  directors  shall  have  entire  control  of  the  public 
schools  of  their  district  and  the  teachers  employed  therein.  The 
board  may  establish  such  rules  and  regulations  for  the  government 
of  teachers  and  pupils  not  inconsistent  with  the  rules  and  regula- 
tions of  the  State  board  of  education,  as  the  interests  of  the  school 
require.  It  shall  be  the  duty  of  the  teacher,  under  the  direction  of 
the  board,  to  determine  what  branches  shall  be  pursued  by  each 
pupil. 

13.  The  directors  when  employing  teachers  shall  enter  into  a 
written  contract  with  said  teachers,  to  which  contract  the  assent 
of  both  parties  must  be  given  in  writing,  and  then  provided  that 
boards  of  directors  shall  not  employ  or  permit  to  begin  teaching 
in  ixuy  public  school  any  person  who  has  not  a  valid  certificate  as 
required  by  law.     Without  special  mention  in  the  teacher's  con- 


SCHOOL   LAWS   OF  OREGON.  lM> 

tract  it  shall  be  understood  that  only  the  common  branche»«  are  to  kkk  :.. .  ■.  ., 
be  taught.  Same Mihjeii 

14.  School  orders  shall  not  be  issued  without  a  vote  of  the  board 
of  directors,  and  they  must  be  signed  by  tlie  chairman  of  tlic 
board  of  directors  and  countersigned  by  the  district  clerk.* 

15.  Two  directors  shall  constitute  a  quorum.  Any  duty  im- 
posed upon  the  board  as  a  body  must  be  performed  at  a  regular 
or  special  meeting,  and  must  be  made  a  matter  of  record.  The 
consent  of  the  board  to  any  particular  meiisure  obtained  of  indi- 
vidual members  when  not  in  session  is  not  the  act  of  the  lK)ar<l 
and  is  not  binding  upon  the  district.  If  a  contract  is  made  without 
authority  from  the  board,  the  individuals  making  such  contract 
shall  be  personally  liable. 

16.  All  demands,  whether  by  contract  or  otherwise,  must  be 
approved  by  the  board  of  directors,  when  in  session,  before  an 
order  can  be  drawn  on  the  district  treasury  for  them,  and  no  officer 
can  drawn  an  order  on  the  treasury  unless  he  is  authorized  to  do 
so  by  a  vote  of  the  board  at  a  regular  or  special  meeting.  It  shall 
be  the  duty  of  the  board  to  examine  all  contracts  for  the  employ- 
ment of  teachers  and  the  construction  of  schoolhouses,  or  for  any 
other  purpose,  and  to  see  that  stipulations  have  been  complied  with 
before  they  authorize  the  payment  of  money  thereon. 

17.  The  board  shall  authorize  the  chairman  and  clerk  to  draw 
warrants  for  the  payment  of  teachers'  salaries  at  the  end  of  each 
school  month,  upon  proper  evidence  that  the  service  has  been  per- 
formed, but  the  order  for  wages  for  the  last  month  shall  not  l^ 
drawn  until  the  teacher's  report  shall  have  been  received,  examined, 
accepted,  and  filed  in  the  office  of  the  district  clerk;  provided,  that  proviso, 
all  teachers  must  hold  legal  certificates,  and  that  said  certificates 
must  cover  the  entire  time  of  the  teacher's  service  and  must  specify 

all  the  branches  taught,  and  can  neither  directly  nor  indirectly  be 
made  to  legalize  another  teacher's  services. 

18.  Boards  of  directors  shall  dismiss  teachers  only  for  good  cause 
shown,  and,  in  case  the  board  shall  pass  an  order  to  dismiss,  the 
material  reason  therefor  shall  be  spread  upon  the  record  by  the 
district  clerk.  If  a  teacher  is  unjustly  dismissed,  he  may  take  an 
appeal  from  the  action  of  board  in  dismissing  him  to  the  county 
superintendent,  and  thence  to  the  Superintendent  of  Public  In- 

*  Note.  — When  tliere  are  outstanding  warrants  against  a  school  district  the  clerk  may  pay 
those  first  presented.  It  is  not  necessary  that  the  money  of  each  year  be  exclusively  applied  to 
pay  for  schools  taught  during  the  year  in  which  it  was  levied.  Where  the  clerk  has  money  in  his 
hands  applicable  to  the  payment  of  a  warrant,  which,  upon  presentation  he  refuses  i.»  pay.  the 
proper  remedy  is  by  mandamus.    Howard  v.  Bamford,  3  Or.  565. 


so  SCHOOL   LAWS   OF  OREGON. 

Feb.  17,1 887.  gl.  struction,  but  a  suit  at  law  must  be  Drought  if  he  seeks  to  recover 
Feb.  22, 1893.    t^jQ  p^y  upoii  the  contract  therefor.     In  the  trial  of  a  teacher,  when 

Same  subject.  .^  .^  sought  to  dismiss  him,  the  board  shall  not  prevent  the  teacher 
from  making  a  full  defense,  and  the  teacher  may  appear  by  attor- 
ney, or  otherwise,  as  he  chooses. 

19.  It  shall  be  the  duty  of  the  directors  to  prosecute  any  person 
who  shall  willfully  write,  make  marks,  or  draw  obscene  pictures 
upon  the  walls,  or  any  other  parts  of  any  schoolhouse  or  furniture 
thereof,  and  any  person  thus  defacing  or  injuring  public  school 
property  shall  be  amenable  to  the  common  law  and  penalty. 

20.  The  power  to  locate  sites  for  schoolhouses  shall  be  vested  in 
the  board  of  directors.  This  authority  shall  be  exercised  with 
great  care  and  without  prejudice,  and  the  wishes  of  the  people  for 
whom  the  house  is  designed  shall  be  consulted  as  far  as  practi- 
cable, taking  into  account  the  prospective  as  well  as  the  present 
convenience  of  the  people  of  the  district.  A  site  near  the  center 
of  the  district  shall  be  chosen,  unless  extraordinary  and  con- 
trolling circumstances  shall  indicate  a  different  selection. 

21.  All  regular  and  special  school  meetings  must  be  convened 
by  a  written  call  signed  by  the  chairman  of  the  board  and  the 
district  clerk,  and  the  directors  shall  cause  the  clerk  to  post  such 
written  notices  in  three  public  places  in  the  district  at  least  ten 
days  before  the  day  appointed  for  said  meetings  ;  and  the  directors 
shall  cause  to  be  used  in  each  school  district  a  uniform  series  of 
t^tate  blanks,  registers,  etc.,  whenever  the  same  shall  be  supplied 
by  the  State. 

22.  It  shall  be  the  duty  of  the  directors  (whenever  a  tax  is 
levied  in  any  school  district  for  school  purposes )  to  provide  a  map 
of  the  district  for  the  use  of  the  clerk  in  making  assessments,  so 
that  the  same  may  be  just  and  equitable  to  all  citizens  of  the 
district. 

23.  On  the  petition  of  ten  legal  voters  of  any  school  district, 
which  petition  shall  be  substantially  in  the  following  form,  to  wit: — 

To  the  directors  of  school  district  No. ,  of county,  State 

of  Oregon:    Respectfully  request  you  to  submit  to  the  legal  voters 
of  said  district  the  question  of  contracting  a  bonded  debt  of  said 

school  district  in  the  sum  of dollars,  for  the  purpose  of , 

and  that  you  will  call  a  school  election  for  that  purpose. 


The  board  of  directors  of  said  district  shall  direct  the  clerk  of 
said  district  to  cause  to  be  posted  a  notice  of  election,  which  notice 
of  election  shall  be  as  near  as  may  be  as  follows: — 


SCHOOL  LAWS  OF  OREGON.  31 

SCHOOL  DISTRICT  BOND  ELECTION  NOTICE. 

Notice  is  hereby  given  that  at  a  school  meeting  of  school  district  Feb.17,i«7.?k 

No. ,  of county,  Oregon,  to  be  held  at ,  in  said  district,  J!5?l22,J893^ 

on  the day  of ,  189—,  there  will  be  submitted  to  the  legal  ''^™*  *"*'^^^ 

voters  of  said  school  district  the  question  of  contracting  a  bonded 

debt  of dollai-s,  for  the  purpose  of ,  the  vote  to  be  by  ballot, 

upon  which  shall  be  the  words,  "Bonds  — Yes,"  and  the  words, 
"Bonds  — No."  Polls  to  be  opened  at  1  o'clock  P.  M.  and  remain 
open  until  4  o'clock  P.  M.  By  order  of  the  board  of  directors  of 
school  district  No. ,  of county,  Oregon. 

Dated  this day  of ,  A.  D.  189—. 

( Signed )  ,  Clerk. 

Which  said  notice  shall  be  posted  for  the  period  of  twenty  ( 20 ) 
days  prior  to  such  election  in  at  least  three  (3 )  public  and  conspic- 
uous places  in  said  district,  one  of  which  places  shall  be  the  place 
of  meeting.  The  meeting  shall  be  called  to  order  by  the  chairman  of 
the  board  of  directors,  and  the  taxpayers  shall  proceed  to  elect  three 
judges  and  a  clerk  of  election,  who  shall  conduct  the  election.  When 
the  polls  are  closed,  the  judges  and  clerk  shall  proceed  to  canvass 
the  vote,  and  shall  certify  the  result  to  the  board  of  directors,  the 
county  treasurer,  and  county  superintendent.  If  a  majority  of 
the  votes  cast  are  "Bonds  —  Yes,"  the  board  of  directors,  as  soon 
as  practicable,  shall  issue  coupon  bonds  of  the  district,  not  exceed- 
ing in  par  value  the  amount  stated  in  the  notice  of  election,  bear- 
ing interest  not  to  exceed  eight  per  centum  per  annum,  payable 
semi-annually,  redeemable  at  the  pleasure  of  said  district  after  ten 
years,  but  due  and  payable  absolutely  twenty  years  from  date,  but 
in  no  case  shall  the  aggregate  amount  of  bonded  debt  in  any  school 
district  exceed  five  per  centum  of  the  value  of  the  taxable  property  of 
any  such  district.  The  principal  and  interest  of  such  bonds  shall  be 
payable  at  the  office  of  the  county  treasurer  in  which  the  district 
may  be  situated,' or  at  such  place  as  may  be  designated  in  the  city 
and  state  of  New  York,  at  the  option  of  the  purchaser  thereof.  All 
such  bonds  so  issued  shall  be  signed  by  the  chairman  of  the  board 
of  directors,  attested  by  the  clerk  of  the  district,  and  countersigned 
by  the  county  treasurer,  and  the  said  coupons  attached  to  said 
bonds  shall  be  signed  by  the  chairman  of.said  board  of  directors, 
and  countersigned  by  the  district  clerk  by  original  or  fac  simile 
signatures.  Whenever  any  school  district  shall  issue  bonds  under 
the  provisions  of  this  section,  all  such  bonds  shall  be  issued  to  the 
county  treasurer  of  the  county,  and  be  registered  by  him  in  a  book 
kept  for  that  purpose  in  his  office,  noting  the  school  district, 


\ 


32  SCHOOL    LAWS   OF  OREGON. 

Feb.  17, 1S87. §  1 .  amount,  date,  time,  and  place  of  payment,  late  of  interest,  and 
fkk.  22.  w.)y.    gm>]^  other  facts  as  may  be  deemed  proper,  and  all  such  bonds  shall 

Same  puhjet'i.  ,.„  ^     ,    .,  .  t 

state  on  their  face  that  they  wer^  issued  under  the  provisions  of 
this  section.  The  county  treasurer  shall  sell  said  bonds  for  the 
best  price  obtainable,  and  hold  the  proceeds  subject  to  the  order  of 
the  board  of  directors,  but  no  bonds  shall  be  sold  for  less  than  par. 
The  directors  of  said  district  must  ascertain  and  levy  annually  a 
tax  sufficient  to  pay  the  interest  accruing  on  such  bonds  as  it  be- 
comes due,  and  at  the  expiration  of  ten  years  from  date  of  said 
bonds,  and  annually  l;hereafter  until  full  payment  of  said  bonds  i?* 
made,  they  shall  levy,  in  addition  to  the  tax  required  to  pay  such 
interest,  an  amount  for  a  sinking  fund  sufficient  to  meet  the  pay- 
ment of  said  bonds  at  maturity;  such  amount  to  be  not  less  than 
one  tenth  of  the  amount  of  bonds  outstanding  and  unpaid;  and 
the  fund  arising  from  such  levy  shall  be  kept  as  the  bond  redemp- 
tion fund  of  said  district,  and  each  of  said  tax  levies  shall  be  a  lien 
upon  the  taxable  property  in  said  district,  and  must  be  collected  in 
the  same  manner  as  taxes  for  other  school  purposes,  and  all  such 
taxes  shall  be  paid  to  the  county  treasurer,  who  shall,  with  the 
moneys  so  received,  pay  the  said  coupons  and  bonds  as  the^^  be- 
come due.  If,  after  said  ten  years  from  the  date  of  any  such  bonds, 
the  directors  of  any  school  district  issuing  the  same  shall  fail  or 
refuse  to  levy  the  tax  necessary  to  constitute  such  sinking  fund  to 
pay  the  same,  it  shall  be  the  duty  of  the  county  treasurer  to  ascer- 
tain the  amount  necessary  to  be  levied  for  such  sinking  fund  to 
pay  said  bonds;  and  it  shall  be  the  duty  of  the  county  court  or 
county  board  to  levy  a  tax  equal  to  said  sum  so  required  and  ascer- 
tained on  the  certification  thereof  by  the  county  treasurer;  and  the 
proper  county  officer  having  power  to  extend  county  taxes  shall 
extend  the  same  upon  the  tax  roll  of  said  county  upon  the  taxable 
property  of  said  school  district  only;  and  the  proper  county  officer 
whose  duty  it  is  to  collect  taxes  shall  collect  the  same  according  to 
law,  and  the  said  collecting  officer  shall  pay  said  funds  so  collected 
into  the  county  treasury  to  the  credit  of  the  school  district  issuing 
such  bonds,  to  be  applied  to  the  payment  of  said  bonds.  The 
county  treasurer  must  pay  out  of  any  moneys  belonging  to  the 
school  district,  excepting  the  said  moneys  of  said  sinking  fund, 
the  interest  upon  any  bond  issued  under  this  section  by  school  dis- 
"^tricts,  when  the  same  becomes  due,  and  at  such  places  as  designated 
in  such  coupons  or  upon  the  presentation  at  his  office  of  the  same, 
which  must  snV)w  the  amount  due  and  the  number  and  series  of 
the  bond  to  which  it  belongs;  and  all  coupons  so  paid  must  be 
immediately  reported  to  the  directors  of  the  district.     Whenever 


-J^i^-: 


SCHOOL   LAWS  OF  OREGON.  33 

any  school  district  ia.thi8  State  shall,  under  any  of  the  laws  of  this  FTO.i7.i887.gi. 
State  have  contracted  any  indebtedness,  or  issued  any  bond  for  the  -Zi?!?f?i?^'-_ 
purchase  of  the  building  of  any  schoolhouse,  or  the  furnishing  of  the  ^*™*  *"**i«<5'- 
same,  and  the  amount  of  such  indebtedness  shall  not  exceed  the 
sum  of  five  per  centum  of  the  taxable  property  of  said  school  dis- 
trict, it  shall  be  lawful  for  said  school  district  to  issue  and  exchange 
its  bonds  for  any  such  indebtedness  at  a  rate  of  interest  not  greater 
than  that  borne  by  the  original  indebtedness  par  for  par  and  dollar 
for  dollar  without  any  vote  of  the  taxpayers  of  the  district;  and 
said  bonds  shall  in  all  respects  conform  to  and  be  governed  in  all 
their  issuance  and  execution  by  the  provisions  of  this  section,. 
except  as  to  those  provisions  requiring  a  vote  of  th6  taxpayer.  At 
any  time  after  the  issuance  of  such  bonds,  and  the  discharge  of 
the  duties  imposed  upon  said  county  treasurer,  should  any  inci- 
dental expense,  costs,  or  charges  arise,  the  said  county  .treasurer 
shall  present  his  claim  for  the  same  to  the  board  of  directors  of  the 
school  district  issuing  such  bondsi  and  the  same  shall  be  audited 
and  paid  in  the  same  manner  as  other  services  are  paid  for  under 
the  provisions  of  law.  Whenever  the  amount  of  any  sinking 
fund  created  under  the  provisions  of  this  section  shall  equal  the 
amount,  principal  and  interest,  of  any  bond  then  due,  or  subject 
under  the  pleasure  or  option  of  said  school  district  to  be  paid  or 
redeemed,  it  shall  be  theSuty  of  the  county  treasurer  of  the  county 
in  which  the  school  district  issuing  such  bond  is  located,  to  publish 
a  notice  in  any  newspaper  of,,general  circulation  published  in  the 
county  in  which  such  district  is  situated,  and  if  there  be  none 
published  in  such  county,  then  in  a  newspaper  published  nearest  ' 
to  said  school  district,  and  also  in  one  published  at  the  State  capitol, 
that  the  said  county  treasurer  will,  within  thirty  ( 30 )  days  from 
the  date  of  such  notice,  redeem  and  pay  any  such  bond  then 
redeemable  or  payable,  giving  priority  according  to  the  date  of 
issue  numerically,  and  upon  the  presentation  of  any  such  bond  or 
bonds  the  said  treasurer  shall  pay  the  same.  In  case  any  holder 
of  such  bond  or  bonds  shall  fail  or  neglect  to  present  the  same  at 
the  time  mentioned  in  the  notice  hereinbefore  provided  for,  then 
the  interest  upon  such  bond  or  bonds  shall  cease  and  determine, 
and  the  treasurer  of  such  county  shall  thereafter  pay  only  the 
amount  of  such  bonds  and  the  interest  accrued  thereon  up  to  the 
last  day  of  the  time  of  redemption  mentioned  in  said 
When  any  bonds  are  so  redeemed  or  paid,  the  coun 
shall  cause  the  same  to  be  fully  cancelled,  and  write  ^ross 
of  such  bond  the  word  "Redeemed,"  with  the  date 
3 


> 


34  SCHOOL   LAWS   OF  OREGON. 

Feb.  17, 1887.  §1.  and  shall  deliver  the  same  to  the  board  of  directors  of  such  school 
Feb.  22. 1893.    district,  taking  the  directors'  receipt  therefor.    All  bonds  heretofore 
Same  subject,    jggy^^  y^y  gchool  districts  in  this  state,  in  pursuance  of  the  vote  of 
a  majority  of  the  legal  voters  present  at  a  legally  called  school 
meeting,  are  hereby  made  and  declared  to  be  legal  and  valid.    All 
acts  and  parts  of  acts  in  conflict  with  this  section  are  hereby  re- 
pealed. 
Oct.  17, 1878.  gi.     Section  37a.    The  directors  of  school  districts  are  hereby  allowed 
a^^Tauis^"^    to  purchase  from  time  to  time  with  the  common  school  fund  for 
books,  etc.        their  districts,  such  books  of  reference  and  apparatus  as  the  inter- 
ests of  the  school  demand;  and  the  books  of  reference  and  appa- 
ratus shall  bekept  at  the  schoolhouse  during  each  term  of  school 
Proviso.  for  the  use  of  the  pupils  and  teachers;  prof idee?,  that  the  yearly 

expenditures  therefor  shall  not  exceed  fifty  dollars  in  districts 
receiving  five  hundred  dollars  or  over  from  the  common  school 
fund,  and  ten  per  centum  thereof  in  districts  receiving  less  than 
five  hundred  dollars  therefrom.^ 
Feb.  21,1887.^1.     Section  376.    The  directors  of  any  school  district  in  the  State 
SubHsh  kin^  which  shall  contain  five  hundred  inhabitants  or  more  may,  when 
dergartens.       authorized  thereto  by  the  qualified  electors  of  such  district,  provide 
for  the  establishment  and  maintenance  therein,  as  part  of  the 
common  school  system  thereof,  of  schools  commonly  known  as 
kindergartens. 
Oct.  29,1872.^38     Scctiou  38.    When  a  vacancy  shall  occur  in  the  board  of  direc- 
boarTof  direc-  *^^^'  ^^  death,  resignation,  or  otherwise,  the  remaining  member  or 
*°^12.34^^  ^^^^^'  ^^"^bers  thereof  shall  forthwith  authorize  the  clerk  to  call  a  special 
meeting  to  fill  such  vacancy. 
Ibid,  g  39.  Section  39.     The  directors  shall  perform  such  other  duties  not 

reljtors^ne^ect  P^^^ided  for  in  this  act  as  the  wants  of  their  district  may  from  time 
of  duty.  p.  1234  to  time  demand;  and  if  they  neglect  to  perform  all  the  duties  en- 
joined upon  them  by  this  act  they  shall  forfeit  their  office  and  pay 
a  fine  of  ten  dollars  into  the  treasury  of  the  district,  subject  to  the 
decision  of  a  majority  vote  of  their  district. 
Ibid,  g  40.         Section  40.    All  districts  organized  in  pursuance  of  this  act  shall 
^oraSf  ^°^    ^®'  *^  ^^^  intents  and  purposes,  a  body  corporate,  competent  to 
1234.  transact  all  business  coming  under  their  jurdisdiction,  and  sue  and 

be  sued.    When  suit  is  commenced  against  any  district,  notice 
must  be  served  upon  one  of  the  directors. 

*  Note.— This  section  is  almost  but  not  quite  the  same  in  terms  as  part  of  subdivision  10  of 
section  1  of  the  act  approved  February  17,  1887,  and  found  at  page  1231,  vol.  II.,  Hill's  code.  Yet 
as  this. section  has  never  been  expressly  repealed  and  is  now  necessarily  in  direct  conflict  vrith  the 
later  act,  both  are  ins'erted  in  this  compilation  without  further  comment  as  to  the  validity  of 
either. 


SCHOOL   LAWS  OF  OREGON.  35 

Section  41.    District  meetings  legally  called  shall  have  power  to  Oct.  29, 1872.  hi 

levy  a  tax  upon  all  real  and  personal  property  in  their  district  and  nigtrict  meet- 

Ing  may  levy 
make  any  necessary  appropriation  for  the  support  and  benefit  of  taxec  p.  1234. 

schools;  also  adjourn  from  time  to  time,  and  to  supply  all  vacan- 
cies in  their  district  offices;  provided,  that  a  majority  of  the  legal  Provliio. 
voters  present  so  decide.* 

Section  42.    Districts  shall  not  be  entitled  to  their  proportion  of  _Feb.21,18W. 
the  school  funds  at  the  disposal  of  the  county  superintendent  unless   Feb.20.1891. 
they  shall  report  to  him  by  the  first  Monday  of  March  of  each  year, 
and  shall  have  had  a  school  taught  in  their  district  of  one  quar- 
ter's duration  in  each  year;  provided,  that  if  the  entire  school  Provi«o. 
funds  received  annually  by  each  school  district  from  the  apportion- 
ment of  the  five-mill  county  school  tax  and  the  irreducible  State 
school  fund  made  by  the  several  county  superintendents  shall  not 
be  exhausted  and  expended  for  school  purposes  only  within  and 
during  the  year  for  which  such  apportionments  are  made,  such 
unexpended  balance  shall  be  forfeited  to  the  general  school  fund  of 
the  county,  and  the  clerk  of  said  school  district  shall  report  the 
amount  of  said  unexpended  balance  in  his  first  annual  report  there- 
after to  the  county  school  superintendent,  who  shall  place  said  sum 
to  the  credit  of  the  general  school  fund  of  the  county,  and  charge 
the  same  to  said  district  as  a  part  of  the  first  succeeding  year's 
apportionment  thereafter;  provided  further,  that  no  part  of  the  proviso, 
five-mill  county  school  tax  and  the  irreducible  State  school  fund 
hereinbefore  mentioned  shall  be  applied  in  paying  for  school  sites, 
or  the  building  or  completion  or  seating  of  schoolhouses  readj'  for 
occupancy;  provided  further,  that  a  new  district  shall  not  be  proviso, 
required  to  have  a  school  taught  as  aforesaid,  for  the  space  of  one 
year  from  the  date  of  its  organization.    When  a  district  has  for- 
feited its  school  money,  no  recourse  whatever  shall  be  had  to 
obtain  the  same. 

Section  43.     First  — Any  citizen  of  this  State  shall  be  entitled  to  J^i?5.l8^ 
vote  at  a  school. meeting  who  is  twenty-one  years  of  age,  and  has   ygB-20.i89L_ 

,  ,.   .   ,  n.        ..  X  Voters  at 

resided  in  the  district  thirty  days  immediately  preceding  the  meet- school  meet- 
ing, and  who  has  property  in  the  district  upon  which  he  or  she 
pays  a  tax,  or  have  children  of  school  age  to  educate,  but  this  act 
[  section  ]  shall  not  be  applicable  to  districts  with  a  population  of 
one  thousand  and  upwards. 

Second  —  In  all  school  districts  in  this  State  with  a  population 

*  Note.— If  the  clerk  of  a  school  district  fail  to  attend  a  meeting  of  his  district  and  to  act  as 
secretary  thereof,  such  meeting  has  the  incidental  power  to  appoint  any  private  person  a  secretary 
pro  tern,  for  the  purpose  of  making  an  entry  of  the  business  of  such  meeting,  and  such  entrie.* 
made  by  authority  of  the  voters  then  present  are  evidence  of  the  proceedings  of  the  meeting. 
The  State  of  Oregon  ex  rel.  G.  W.  Patty  v.  J.  McKee,  30  Or.  120. 


36  SCHOOL   LAWS  OF  OREGON. 

Feb. 25, 1889.    of  one  thousand  and  upwards,  any  citizen  of  this  State  shall  be 

Feb.  20, 1891.    entitled  to  vote  at  a  school  meeting  who  is  twenty-one  (21)  years  of 

Same  subject.    ^^^^  ^^^  ^^^  resided  in  the  district  thirty  (30)  days  immediately 

preceding  the  meeting,  and  who  has  property  in  the  district  upon 

which  he  or  she  pays  a  tax. 

Oct.  29, 1872.       Section  44.    Women  who  are  widows  ahd  have  children  to  edu- 

Same  subject.    Q2itQ,  and  taxable  property  in  the  district,  and  who  have  resided  in 

the  district  thirty  days,  as  aforesaid,  shall  be  entitled  to  vote. 

Ibid. Section  45.     Districts  cannot  levy  a  tax  for  any  purpose  unless 

Notice  neees-    ^j^^  notice  calling  the  meeting  states  this  to  be  the  object. 

p- 1235. Section  46.     Schools  supported  by  a  tax  upon  the  district  shall, 

feb^21^,288^_  ^^^  ^jj  districts  that  establish  and  maintain  kindergartens,  be  free 
School  sup-  °  ' 

ported  by  tax    to  all  persons  between  the  ages  of  four  and  twenty-one  years  resid- 
to  be  free  ■ 

p.  1235.    "         ing  therein,  and  in  all  other  districts  to  all  persons  between  the 

ages  of  six  and  twenty-one  years  residing  therein;  and  other  per- 
sons from  outside  may  be  admitted  on  such  terms  as  the  district 
may  direct.*  ^ 

Oct.  29, 1872.       Section  47.    The  minutes  of  all  s^ool  meetings  must  be  signed 
sPned^^p''i^35  ^y  *^®  chairman  and  secretary.  j 

Ibid,  g  48]         Section  48.     If  any  board  of  directors  shall  draw  a  warrant  on 


Penalty  for       the  school  fund  for  the  wages  of  any  teacher  who  has  not  obtained 

paying  teach- 

ers  without       a  certificate  as  required  by  this  act,  and  laid  the  same  before  the 

certificate. 

directors  for  their  inspection,  such  district  shall  forfeit  its  proper- 

tion  of  the  school  fund  for  the  year. 

Ibid.  §  49.         Section  49.    When  a  vote  is  being  taken  in  district  meetings 

p^S'^*^  ^°®^-  the  ayes  and  noes  shall  be  called  if  demanded  by  two  or  more 

voters  of  the  meeting. 

Ibid.  1 50.         Section  50.    That  all  school  districts  formed  by  the  superin- 

fornied  of  con-  tendent  of  common  schools  shall  be  formed  of  contiguous  territory. 

tiguous  t^erri-        Section  51.    Where  the  public  good  requires  it,  a  school  district 

Ibid.  §  51.     may  be  formed  of  adjacent  territory,  lying  in  two  or  more  counties; 

District  may     and  it  shall  be  the  duty  of  the  clerk  of  such  district  to  report 
be  m  two  or  "^  ^ 

more  counties,  annually  to  each  superintendent  having  jurisdiction ;  and  said 

clerks  shall  include  in  such  report  the  number  of  scholars  residing 

in  each  county.    Said  clerk  shall  be^  entitled  to  draw,  for  the 

benefit  of  his  district,  that  portion  of  the  public  school  fund  due 

said  district  from  each  county. 

*  Note.— Children  between  the  ages  of  six  and  twenty-one  years,  though  of  Chinese  parent- 
age, are  entitled  to  admission  in  the  public  schools  of  the  district  in  which  they  reside.  In  a  pro- 
ceeding by  mandamus  to  compel  a  teacher  to  admit  a  child  to  a  class  in  the  public  schools,  the 
superintendent  of  schools  and  the  board  of  education  are  not  proper  parties. 

A  board  of  education  has  power  to  make  and  enforce  all  rules  and  regulations  not  contrary  to 
law;  and  teachers  cannot  justify  a  violation  of  law  on  the  ground  that  a  resojution  of  the  board 
of  education  required  them  to  do  so.    Tape  v.  Hurley,  6  Pac.  Rep.  129. 


SCHOOL  LAWS  OF  OREGON.  37 

Section  52,    A  certificate  received  from  the  superintendent  ofocT.29,i872.g62 
either  county  in  which  such  district  may  be  situated  shall  be suffi- Certificatentc^ 
cient  to  enable  such  teacher  in  such  district  to  draw  pay  out  of  the  cases,  p.  1236. 
common  school  fund. 

Section  53.    Each  school  district  shall  elect,  at  the  annual  meet-     ibid,  g  53. 


ings,  a  district  clerk,  who  shall  hold  his  office  for  one  year,  or  until  ^hoofcierks 

his  successor  is  chosen  and  qualified  as  required  in  this  chapter.      p-  i-^- 

Section  54.     It  shall  be  the  duty  of  the  district  clerk  — *  Feb.  17, 1887.  ji. 

First — To  record  all  proceedings  in  a  book  to  be  provided  for  i^^^ies  o^  <J**- 
-  X-  o  f  tnct  clerks,  p. 

the  purpose.  12:J6. 

Second — To  give  notice,  as  required  in  this  act,  of  annual  and  . 
special  meetings. 

Third  —  Whenever  any  tax  is  levied  by  the  district,  he  shall 
make  an  assessment  roll  of  all  the  taxable  property  within  his 
district,  and  deliver  the  same  to  the  directors ;  provided,  that  one  Proviso, 
year  shall  intervene  between  any  two  assessments,  and  that  the 
district  clerk  in  making  said   assessment  roll  shall  follow  the     . 
county  assessment  made  in  the  same  year  as  far  as  the  same  shall 
be  applicable  in  fixing  the  valuation  of  all  property  within  the 
district  unless  the  board  of  directors  shall  otherwise  order;  pro- 
vided further,  that  in  case  there  is  more  than  one  tax  levied  within  proviso, 
one  year  the  clerk  shall  not  be  required  to  make  more  than  ,one 
assessment  roll  within  that  year. 

Fourth  —  When  he  receives  the  audited  assessment  roll  and 
warrant  from  the  directors,  to  collect  all  the  taxes  for  which  the 
roll  calls  by  the  time  and  in  the  manner  authorized  by  the  warrant. 

Fifth — Each  district  clerk  shall  enroll  annually  for  school  pur- 
poses all  persons  in  his  district  over  four  and  under  twenty  years 
of  age.  This  annual  census  shall  contain  the  names  and  ages  of 
all  children  of  the  school  ages  mentioned  above,  and  shall  also 
contain  the  names  of  all  parents  and  guardians  resident  in  the 
district;  provided,  that  this  annual  enumeration  shall  include  all  proviso, 
youth  between  the  ages  of  four  and  twenty  years  who,  at  the  time 
of  taking  such  enumeration,  actually  dwell  or  have  their  home  in 
the  district,  whether  such  youth  constitute  a  part  of  the  family  of 
their  parents  or  guardians,  or  are  in  good  faith  and  for  a  continu- 
ance of  time  hired  to  labor  or  service  in  a  family  actually  residing 
in  such  district.    If,  however,  a  youth  is  staying  temporarily  in  a 

*  Note.—  If  the  clerk  ot  a  school  district  fails  or  neglects  to  be  present  at  a  meeting  of  his  dis- 
trict, or  to  act  as  secretary  thereof,  the  meeting  has  power  to  appoint  a  secretary  pro  tem.,  and  the 
announcement  by  the  chairman  that  W.  was  appointed,  who  accepts  the  position  and  acts  with 
the  consent  of  the  meeting,  is  to  be  regarded  as  the  corporate  act  of  the  meeting.  The  State  of 
Oregon  ex  rel.  G.  M.  Patty  v.  J.  McKee,  20  Or.  120, 


38 


SCHOOL   LAWS   OF  OREGON. 


Feb.  17, 1887.  gl.  district  as  a  boarder  or  a  visitor,  or  is  a  member  of  a  family  tempo- 
Same  s^bject.   rarily  in  the  district  and  whose  actual  residence  is  in  another  dis- 
trict, such  youth  cannot  be  legally  enumerated;  but  the  temporary 
residence  of  a  family  in  a  district,  if  such  family  at  the  time  have 
no  other  residence,  shall  not  exclude  the  children  actually  living 
Proviso.  in  and  belonging  to  such  family  from  the  enumeration  ;promded, 

that  a  youth  shall  be  legally  enumerated  in  but  one  district,  and 
Proviso.  that  is  the  district  in  which  he  actually  resides;  provided  further, 

that  this  annual  census  must  include  all  children  ( whose  parents 
or  guardians  are  residents  of  the  district )  that  are  absent  attending 
Proviso.  institutions  of  learning;    and  provided  further,  that  the   clerk 

must  not  include  in  the  annual  census  children  who  are  attending 
benevolent  institutions,  as  deaf  and  dumb,  blind  and  orphan  asy- 
lums, in  his  district,  but  whose  parents  or  guardians  do  not  reside 
therein.  The  district  clerk  shall  visit  each  habitation,  home,  resi- 
dence, domicile,  or  place  of  abodeNln  his  district,  and  by  actual 
observation  and  interrogation  enumerate  the  census  children  of 
Proviso.  the  same;  provided  further,  that  the  annual  census  report  of  the 

district  clerk  shall  be  submitted  to  the  directors  and  citizens  of  the 
district  at  the  regular  annual  meeting  of  the  district  held  on  the 
first  Monday  of  March,  and  all  corrections  necessary  shall  then  be 
made,  and  the  clerk  shall  then  immediately  file  this  original  re- 
port in  his  office,  the  same  to  be  and  remain  as  a  part  of  the  per- 
manent records  of  his  office.  The  clerk  shall  immediately  forward 
a  certified  copy  of  his  annual  report  to  the  county  superintendent, 
Proviso.  who  shall  file  the  same  in  his  office;  provided,  that  this  annual 

report  of  the  district  clerk  shall  be  forwarded  to  and  filed  with  the 
county  superintendent  not  later  than  the  fifteenth  day  of  March 
Proviso.  in  each  year;  provided,  that  his  annual  report  and  certified  copy 

thereof  shall  be  made  under  oath  upon  blanks  for  the  same  fur- 
nished by  the  State  board  of  education.  The  annual  report  of  the 
district  clerk  shall  be  submitted  to  the  county  superintendent  as 
nearly  as  may  be  in  the  following  form,  to  wit : — 

ANNUAL  REPORT  OF  SCHOOL  DISTRICT  NO.  — 


Number  of  legal  voters 

Number  of  persons   over   4  and 
under  20  years  of  age 


Number  of  male  scholars- 
Number  of  female  scholars- 


Number    of    quarters    of   school 
taught 


Kinds  of  books  used. 


Number  of  scholars  in  average  at- 
tendance  


Amount  paid  teachers  from 
trict  tax 


Amount  paid  teachers  from  rate 
bills  and  subscription 


Amount  received  and  paid  teach- 
ers out  of  county  funds 


Amount  received  and  paid  teach- 
ers out  of  State  funds 


SCHOOL   LAWS  OF  OREGON.  39 

ANNUAL  REPORT  OF  SCHOOL  DISTRICT  NO.  -.—CONCLUDED. 


Amount  of  Incidental  expenses  _. 

Total  amount  of  tax  levied  and 
collected 


I Feb.  17, 1887.  gl. 

Value  of  schoolhouses ..^. Same  subject. 


Value  of  other  school  property. 


Names  of  teachers  employed-. 


Names  of  pupilsl >_ _ 

Names  of  parents  or  guardians _ _t __ 

A B 

District  Clerk. 

Sixth  —  The  bond  of  the  clerk  of  each  school  district  shall  be 
equal  in  amount  to  not  less  than  double  the  probable  amount  of  all 
school  moneys  that  shall  come  into  his  hands  as  clerk  of  such  dis- 
trict. The  bond  of  the  district  clerk  shall  be  presented  to  and 
accepted  by  the  board  of  directors  of  his  district  within  ten  days 
from  the  date  of  his  election  or  appointment  as  such  district  clerk, 
and  which  bond  shall  be  filed  with  the  county  superintendent 
within  thirty  days  from  the  date  of  the  election  of  the  district 
clerk. 

Seventh — Authority  shall  in  no  case  be  granted  to  any  board  of 
school  directors  to  release  a  school  clerk  from  his  liability  for  any 
portion  of  the  school  funds  belonging  to  the  district.  The  books 
and  accounts  of  the  district  clerk  shall  be  subject  to  the  inspection 
of  the  directors  at  any  and  all  times ;  and  the  directors  shall,  at 
the  annual  meeting  of  the  school  district,  make  a  thorough  exam- 
ination of  the  books  and  accounts  of  the  district  clerk. 

Eighth  — Every  clerk  of  the  school  district  who  is  his  own  suc- 
cessor shall  give  a  new  bond  for  the  term  for  which  he  is  re-elected, 
within  the  time  hereinbefore  named  for  the  presentation  of  his 
bond,  to  the  directors ;  and  his  former  bondsmen  shall  not  be 
liable  for  defaults  committed  within  the  term  for  which  he  is  re- 
elected. In  case  any  district  clerk  shall  fail  to  give  a  bond  within 
the  time  heretofore  mentioned  for  the  presentation  and  acceptance 
of  such  bond,  the  office  of  clerk  shall  be  declared  vacant  by  the 
board  of  directors ;  provided^  however^  that  in  the  event  any  Proviso, 
board  of  directors  shall  accept  the  bond  of  the  district  clerk  after 
thirty  days  have  elapsed  from  the  date  of  the  election  or  appoint- 
ment of  such  clerk,  then  such  bond,  so  accepted,  shall  be  valid. 

Ninth  — Clerks  of  all  school  districts  in  the  State  shall  use  a 
uniform  series  of  State  blanks,  blank  reports,  registers,  warrant 


40  SCHOOL  LAWS  OF  OREGON. 

Feb.  17, 1887.  gi.  books,  etc.,  whenever  the  same  shall  be  provided  by  authority  of 

Same  subject,    the  State. 

Tenth— The  clerk  of  each  school  district  shall  refuse  to  pay  an 
order  for  the  last  month  of  the  teacher's  wages  until  the  teacher's 
register  has  been  examined,  approved,  and  filed  in  his  office. 

Eleventh  —  It  shall  be  the  duty  of  the  district  clerk  to  keep  a 
correct  account,  in  a  book  provided  for  the  purpose,  of  all  moneys 
coming  into  his  hands,  and  of  all  paid  out  belonging  to  his  district; 
and  he  shall  make  a  report  of  the  same  to  the  annual  meeting, 
and  when  called  upon  lt>y  the  directors  to  do  so  shall  report  at 
special  meetings. 

Twelfth — When  he  receives  the  superintendent's  order  for  the 
money  set  apart  for  his  district  out  of  the  county  school  fund,  he 
shall  immediately  call  upon  the  treasurer,  either  in  person  or 
otherwise,  present  his  order,  get  the  money,  and  receipt  for  the 
same ;  and  it  is  hereby  made  the  du^  of  the  county  treasurer  to 
report  at  once  to  the  county  superintendent  whenever  school 
moneys  are  received  by  him. 

Thirteenth — He  shall  turn  over  all  district  money,  books,  and 
papers  to  a  duly  qualified  successor. 

Fourteenth — He  shall  immediately,  after  the  annual  school 
meeting,  send  to  the  county  school  superintendent  a  list  of  the 
officers  of  the  district,  which  list  shall  give  the  length  of  the  term 
of  office  of  each  director,  and  the  postoffice  address  of  each  director 
and  the  clerk  of  his  district. 

Feb.  25, 1889.  gi.     Section  54a.    It  shall  be  the  duty  of  the  county  clerk  of  each 

Same  subject,  ^nd  every  county  in  the  State  of  Oregon  to  provide  the  district 
school  clerks  in  his  county  with  assessment  blanks,  similar  to  those 

Proviso.  furnished  to  county  assessors;  provided,  that  only  so  many  pages 

shall  be  furnished  to  each  district  school  clerk  as  may  be  necessary, 

taking  into  account  the  amount  of  taxable  property  in  his  district. 

Ibid. Section  55.    The  clerk  of  each' school  district  containing  4,000 

Clerks' fees.  •  qj.  niore  inhabitants  shall  receive  for  his  services  of  thfe  money 
collected  by  him  of  school  taxes  as  follows :  For  the  first  twenty 
thousand  dollars  or  any  less  sum,  five  per  centum  thereof;  for  the 
next  twenty  thousand  dollars  or  any  part  thereof,  two  per  centum 
thereof;  for  all  sums  above  forty  thousand  dollars,  one  per  centum 
thereof.  The  clerks  of  all  other  school  districts  shall  receive  for 
their  services  of  the  money  collected  by  them  of  district  taxes 
levied  in  their  respective  districts,  five  per  centum  thereof ;  and  the 
directors  of  any  district  may  pay  their  clerks  such  additional 
compensation  as  is  in  their  judgment  necessary. 


SCHOOL  LAWS  OF  OREGON,  41 

Section  56.  The  clerk  shall,  if  he  fails  to  perform  all  the  duties  Oct.  »,  1872.  gsc 
required  of  him  by  this  act,  forfeit  the  percentage  allowed  him,  JJj^"'  °^^ 
and  suffer  the  enforcement  of  his  bond.  of.  p.  1341. 

Section  57.  The  clerk  shall  act  as  secretary  of  all  meetings,  and  -*SI?lil?*rLir: 
shall  at  the  end  of  each  quarter  (when  authorized  by  the  directors)  secretary  of 

mcctiDSTs  etc 

make  out  the  rate  bills  for  tuition  then  due,  and  collect  the  same  p.  1241.    ' 
without  delay. 

Section  58.    In  case  the  office  of  clerk  shall  become  vacant  in  Oct. »,  1872.  §58 
any  district,  by  death,  resignation  or  otherwise,  it  shall  be  the  duty  omS°o/clerk 
of  the  directors  to  appoint,  from  among  the  qualified  voters  of  the  P-  1242. 
district,  some  person  to  fill  such  vacancy  until  his  successor  is  duly 
elected  and  qualified. 


TITLE  V. 

SCHOOL  TEACHERS. 

Section  59.    A  teacher's  duty  while  in  charge  of  a  school  shall  feb.25,i885.  gi. 

be  as  follows  :—  Teachers. 

duUes  of. 
First — To  maintain  order  in  school  and  conduct  himself  in  such  p.  1247. 

a  manner  before  his  school  as  to  command  respect  from  his  pupils. 

Second— To  commence  school  at  9  o'clock  A.  M.,  and  to  close  at 
4  o'clock  P.  M.  of  each  day,  giving  one  hour  for  recreation  at  noon; 
provided,  that  the  directors  may  order  a  less  number  of  hours.        Provteo. 

Third— To  labor  during  school  hours  to  advance  the  pupils  in 
their  studies;  to  create  in  their  minds  a  desire  for  knowledge, 
principle,  morality,  politeness,  cleanliness,  and  the  preservation  of 
physical  health ;  and  it  is  hereby  made  the  duty  of  every  teacher 
to  give,  and  of  every  board  of  school  directors  to  cause  to  be  given, 
to  all  pupils  suitable  instruction  in  physiology  and  hygiene,  with 
special  reference  to  the  effects  of  alcoholic  drinks,  stimulants,  and 
narcotics  upon  the  human  system. 

Fourth— To  keep  a  register,  showing  the  name,  age,  sex,  and 
daily  attendance  of  all  persons  attending  his  school,  and  hand  the 
district  clerk  a  copy  of  the  same  at  the  close  of  each  quarter. 

Section  60.    Teachers  may,  in  case  the  county  superintendent  ocr. 29. 1872.  §60 
does  them  an  injustice  on  examination,  apply  to  the  Superin- Teacher  ma>^ 
tendent  of  Public  Instruction,  who  is  hereby  authorized  to  issue 
certificates  to  such  teachers  of  the  same  force  and  granting  them 
the  same  rights  and  privileges  as  those  issued  by  the  county 
superintendent.  ibid,  j  6I. 

Section  61.    Sixty  days  or  twelve  school  weeks  shall  constitute  School  term, 
a  quarter  of  a  school  year.  p  1248- 


42  SCHOOL    LAWS   OF  OREGON. 

TITLE  VII. 

TREE  PliANTING. 

Feb.  25, 1889.  gi^.     Section  62.     The  second  Friday  in  the  afternoon  in  April  of  each 
Arbor  day.        year  shall  hereafter  be  known  throughout  this  State  as  Arbor  Day. 

Ibid.  12. Section  63.    In  order  that  the  children  in  our  public  schools 

Order  of  exer-  shall  assist  in  the  work  of  adorning  the  school  grounds  with  trees, 
and  to  stimulate  the  minds  of  children  towards  the  benefits  of  the 
preservation  and  perpetuation  of  our  forests  and  the  growing  of 
timber,  it  shall  be  the  duty  of  the  authorities  in  every  public  school 
district  in  this  State  to  assemble  the  pupils  in  their  charge  on  the 
above  day  in  the  school  building  or  elsewhere,  as  they  may  deem 
proper,  and  to  provide  for  and  conduct,  under  the  general  super- 
vision of  city  superintendents,  county  superintendents,  teachers, 
and  directors,  or  other  school  authorities  having  the  general  charge 
and  oversight  of  the  public  schools  in  each  city  or  district,  to  have 
and  hold  such  exercises  as  shall  tend  t^encourage  the  planting, 
protection,  and  preservation  of  trees  and  shrubs,  and  an  acquaint- 
ance with  the  best  methods  to  be  adopted  to  accomplish  such 
results. 
Ibid.  §  3.         Section  64.    The  Superintendent  of   Public  Instruction  shall 

Superinfeud'nt  from  year  to  year,  under  and  by  direction  of  the  State  board  of 

of  public  in-  *^  "^        ' 

strnctionto       education,  have  power  to  prescribe  from  time  to  time  a  course  of 

DrBscrilDG  Dro- 

gramme.  exercises  and  instructions  in  the  subjects  hereinbefore  mentioned, 

which  shall  be  adopted  and  observed  by  the  said  public  school 

authorities  on  Arbor  Day. 

TITLE  VIII. 

COMPULSORY  EDUCATION. 

Ibid.  §1.  Section  65.  Every  parent,  guardian,  or  other  person  in  this 
send^hiSren  ^^^^e  having  control  or  charge  of  a  child  or  children  between  the 
to  school,  etc.  ages  of  eight  and  fourteen  years  shall  be  required  to  send  such 
child  or  children  to  a  public  school  for  a  period  of  at  least  twelve 
weeks  in  every  school  year,  of  which  at  least  eight  weeks'  school 
[shall]  )?e  consecutive,  unless  the  bodily  or  mental  condition  of 
such  child  or  children  has  been  such  as  to  prevent  his  or  her  or 
their  attendance  at  school  or  application  to  study  for  the  period 
required,  or  unless  such  child  or  children  are  taught  in  a  private 
school  or  at  home  in  such  branches  as  are  usually  taught  in  pri- 
mary schools  or  have  already  acquired  the  ordinary  branches  of 
learning  taught  in  the  public  schools;  provided^  in  case  a  public 
school  shall  not  be  taught  for  the  period  of  twelve  weeks,  or  any 


SCHOOL   LAWS  OF  OREGON.  43 

part  thereof,  during  the  year,  within  two  miles  by  the  nearest  Feb. 25, 1889.  gi- 
traveled  road  of  the  residence  of  any  i^erson  within  the  school  dis- s*™**  ""^J*®*- 
trict,  he  or  she  shall  not  be  liable  to  the  provisions  of  this  act. 

Section  66.  Any  parent,  guardian,  or  other  person  having  con-  ibw.  12. 
trol  or  charge  of  any  child  or  children  failing  to  comply  with  the  Penalty, 
provisions  of  this  act  shall  be  liable  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars  for  the  first  offense,  nor 
less  than  twenty-five  dollars  nor  more  than  fifty  dollars  for  the 
second  and  each  subsequent  offense,  besides  the  cost  of  the  prose- 
cution. 

Section  67.    It  shall  be  the  duty  of  the  directors  and  clerk  of     ibid.  §3. 

each  school  district  to  make  diligent  effort  to  see  that  this  law  is  directors  and 

°  clerk  to  enforce 

enforced  in  their  respective  districts.  this  law. 

Section  68.    Justices  of  the  peace  shall  have  concurrent  iurisdic-    J^'^-  ^  *■ — 

.  ,      ,  ^  J  \V  hat  courts  to 

tion  with  the  circuit  court  in  all  prosecutions  under  this  act.  have  juriadic- 

tlon. 


TITLE  IX. 

ESTABLISHING  SCHOOL  DISTRICTS  IN  TOWNS  OF  TEN  THOUSAND 
INHABITANTS. 

Section  69.    Whenever  the  population  of  any  city  or  incor-ocT.26,if82.2i. 
porated  town  shall  exceed  four  thousand  inhabitants,  as  shown  by    feb.20,1893.~ 
any  census  of  the  State  or  of  the  United  States,  all  school  districts  ]^"JicJ^}j',^'r- 
or  parts  of  school  districts  within  the  limits  of  said  city  shall  con- [|f p*J^|^°  ^^^' 
stitute  one  school  district,  and  the  boundaries  and  limits  of  such  P  1242. 
school  district  shall  conform  to  the  limits  and  boundaries  and  shall 
be  the  same  as  the  limits  and  boundaries  of  said  incorporated  city 
or  town;  provided,  that  in  all  cases  when  any  part  of  any  school  Proviso, 
district  shall  be  included  in  any  such  incorporated  city  or  town, 
and  a  part  thereof  shall  not  be  included  within  the  boundaries  of 
said  city  or  town  at  the  time  this  act  shall  take  effect,  such  parts 
of  such  school  districts  as  lie  without  the  boundaries  of  such  city 
or  town  shall  continue  to  be  a  part  of  such  school  districts. 

Section  70.    When  the  limits  or  boundaries  of  any  incorporated      ibid.  \  2. 
city  or  town  containing  four  thousand  inhabitants  or  more,  which  ftJo?  d/y  and 

has  been  by  this  act  constituted  a  school  district,  are  changed 'district  to  cor- 

•'  ^      respond, 

according  to  law,  then  the  boundaries  and  limits  of  the  school  dis-  p.  1242. 

tricts  therein  shall  be  deemed  to  have  been  changed  also  so  as  to 

conform  to  the  new  limits  and  boundaries  of  such  incorporated 

city  or  town. 

Section  71.    In  all  such  districts  as  are  created  by  this  act,  the    J^'LL^- — 

„  ^  ,  1       *       ,  Board  of  direc- 

board  of  directors  shall  consist  of  five  members,  each  of  whom  tors,  term  of. 


44 


SCHOOL  LAWS   OF  OREGON. 


Oct.  26, 1882. 


Feb.  20. 1898. 
Same  subject. 
nFEB7207l89ir 


Ibid. 


Oct.  26, 1882.  §6. 

Vacancies,  how 
filled,  p.  1243. 


Ibid,  g  7. 

Duties  of 
board,  p.  124c 


Proviso. 


Proviso. 


Proviso. 


shall  hold  office  for  a  term  of  five  years,  one  member  retiring  each 
year,  as  hereinafter  provided. 

Section  72.  The  election  for  members  of  the  board  of  directors 
in  all  such  districts  shall  be  held  each  year  at  the  times  and  in  the 
manner  now  provided  by  law  for  districts  containing  five  hundred 
legal  voters. 

Section  73.  The  school  clerk  in  such  districts  shall  be  deemed 
an  officer  of  the  boards  of  directors,  which  boards  shall  have 
authority  to  elect  him,  prescribe  his  duties,  fix  his  compensation, 
and  determine  the  manner  of  its  payment,  and  to  fix  the  amount 
of  his  bond. 

Section  74.  After  the  first  election  of  members  of  the  board  of 
directors  under  this  act,  but  one  shall  be  elected  each  year,  and  all 
vacancies  in  the  board  shall  be  filled  as  now  provided  by  law. 

Section  75.     The  duties  of  the  board  shall  be, — 

First  —  To  employ  a  city  superintendeqt  of  schools  of  the  dis- 
trict, and  fix  his  term  of  office  and  conipensation. 

Second  —  To  employ  teachers,  janitors,  carpenters,  etc.,  and  fix 
their  compensation. 

Third  —  To  prescribe  courses  of  study  and  make  rules  and  regu- 
lations for  the  government  of  said  district. 

Fourth — When  in  their  judgment  more  systematic  grading  of 
their  school  requires  it,  to  choose  textbooks  in  addition  to  those 
already  authorized  by  the  State  ;  provided^  that  such  choice  shall 
be  made  at  the  same  time  as  that  now  prescribed  by  law  for  the 
choice  of  textbooks  for  the  State,  and  the  result  of  their  choice 
shall  be  regularly  reported  to  the  State  board  of  education,  to  be 
by  them  filed  as  in  the  case  of  votes  by  county  school  superin- 
tendents. 

Fifth  —To  create  a  board  of  examiners  for  the  purpose  of  exam- 
ining all  persons  who  may  be  employed  to  teach  in  said  schools  ; 
and  the  county  school  superintendent  of  the  county  in  which  such 
district  may  be  located  shall  be  the  ex  officio  chairman,  and  the 
city  superintendent  shall  also  be  a  member  ;  provided,  that  certifi- 
cates issued  by  such  board  of  examiners  shall  not  be  valid  in  any 
other  district  than  that  for  which  such  certificates  are  issued; 
provided  further,  that  the  holder  of  a  valid  certificate  may  be 
employed  without  further  examination  at  the  option  of  the  board. 

Sixth— To  lease  and  build  schoolhouses,  to  buy  and  lease  lands 
for  school  purposes,  and  to  furnish  their  schoolhouses  with  proper 
furniture,  libraries,  light,  fuel,  apparatus,  etc.,  and  to  sell  and  con- 
vey such  lands  and  other  property  belonging  to  the  district  as  may 
not,  in  their  judgment,  be  required  for  school  purposes. 


SCHOOL   LAWS  OF  OREGON.  45 

Seventh— To  provide  for  polling  places  in  each  ward  in  HuchOor.28»Utt.27. 
city  for  all  school  elections,  to  appoint  judges  and  clerks,  and  to  same  robJettT 
C3,nvass  all  votes  and  pollbooks  and  determine  the  result  thereof. 

Eighth— To  make  an  annual  printed  report  to  the  taxpayers  of 
said  district. 

Ninth— To  determine  who  are  non-resident  pupils,  and  fix  the 
rat^s  of  tuition  for  such  non-resident  pupils. 

Section  76.    The  board  of  directors  in  such  districts  must  pro-      ibid.  ?  8. 
vide  for  the  time  and  place  of  its  regular  meeting,  at  any  of  which  Directors  To 
it  may  adjourn  to  the  next  succeeding  regular  meeting,  or  to  some  and  place  of 
specified  time  prior  thereto,  and  it  may  be  convened  upon  written  ™®^""*^-  P-^^^ 
or  printed  notices  issued  by  the  school  clerk  by  order  of  the  chair- 
man, or  upon  the  united  request  of  three  members  of  the  board. 

Section  77.    A  majority  of  the  board  of  directors  shall  constitute      ibid. « 9. 
a  quorum  to  do  business,  but  a  less  number  may  meet  and  adjourn  Quornm. 
from  time  to  time  and  compel  the  presence  of  absent  members. 

Section  78.    The  board  of  directors  of  such  district  may  adopt     jbid  3  lo 
rules  for  the  government  of  the  conduct  of  its  members  and  its  Board  may 
proceedings.    It  must  keep  a  journal,  and  on  the  'call  of  any  one  J.  °u^  ^* 
of  its  members  must  call  the  yeas  and  nays,  to  be  taken  and 
entered  upon  its  journal  upon  any  question  before  it. 

Section  79.     On  or  before  the  tenth  day  next  following  any     ibid,  g  ii. 

regular  or  special  election  for  school  officers,  there  must  be  a  ^y hen  newly 

°  ^  elected  officers 

regular  meeting  of  the  board,  at  which  time  the  newly-elected  to  enter  on 

Z:  ^  1,   11        i.  ..1,   .     J    *.  duties,  p.  !244. 

officer  or  officers  shall  enter  on  their  duties. 

Section  80.    The  directors  of  the  largest  and  most  populous  dis-  Feb.  21. 1891.  gl2 
trict  within  said  corporate  limits  shall,  with  such  others  as  are  J^^jresT^district 
elected  in  pursuance  of  this  act,  be  the  board  for  such  new  district  J^^  ^^^uSS" 
organization,  and  all  the  property,  real  or  otherwise,  belonging  to  ^^'s  act 
districts  or  parts  of  districts  within  said  corporate  limits,  shall 
become  the  property  of  such  new  district,  and  be  subject  there- 
after to  the  control  of  the  board  of  directors  of  such  largest  and 
most  populous  district;  but  the  new  board  may  provide,  for  a 
period  not  exceeding  three  years  from  the  date  of  such  consolida- 
tion, for  the  free  tuition  of  all  pupils  living  within  the  boundaries 
of  such  parts  of  such  consolidated  districts  which  are  beyond  the 
said  limits,  unless  such  parts  are  sooner  erected  into  a  new  district 
or  are  attached  to  other  districts. 

Section  81.    Any  person,  male  or  female,  who  is  a  qualified  voter  persons  eiigT-" 

at  school  elections,  shall  be  eligible  to  the  office  of  school  <iirector  We^ford^r^- 

in  such  districts.  ibidT  §  14. 

Section  82.     At  su6h  general  or  special  elections  in  such  districts  Offic^re  Voted" 
"  ^  ,     ,  for  at  election 

the  only  officers  voted  for  shall  be  that  of  directors  and  clerk.  p.  1245. 


46  SCHOOL   LAWS   OF  OREGON. 

Feb.  21, 1891.  §12     Section  83.     The  board  of  directors  of  such  district  are  author- 
Directors  may  jzed  to  contract  an  indebtedness  for  the  district  for  school  purposes, 

contract  ^      ^         ' 

indebtedness,    but  such  indebtedness  at  no  time  shall  exceed  in  the  aarffrearate 
p.  1245.  ^^     ^■ 

more  than  one  hundred  thousand  dollars. 

Ibid,  g  16.         Section  84.     No  warrants  drawn  on  the  school  fund  in  such 

to  draw\\uer-   district  shall  draw  interest  before  or  after  presentation  to  the  school 

est.  p.  1245.       clerk. 

Ibid.  §  17.         Section  85.     In  all  such  districts,  when  in  the  opinion  of  the 
Us^^r  and^^^  board  the  cost  of  any  lot  of  furniture,  stationery,  apparatus,  fuel, 

receive  bids  for  buildings,  or  improvements,  or  repairs  to  the  same  will  equal  or 

fuel,  apparatus, 

etc.  p.  1245.       exceed  the  sum  of  |500,  it  shall  be  the  duty  of  said  board  to  give 

due  notice  by  publication  in  at  least  one  daily  newspaper  published 

within  the  said  corporate  limits  of  their  intention  to  receive  bids 

for  such  lot  of  furniture,  stationery,  etc.,  and  they  shall  determine 

the  specifications  for  such  bids  and  appoint  the  time  and  place  for- 

opening  of  all  bids,  which  shall  be  public.    And  it  shall  be  unlawful 

for  any  member  of  the  school  board  to  bid  or  to  be  an  interestea 

party  in  any  bid  before  such  board. 

Ibid.  §  18.         Section  86.  '  The  course  of  study  shall  be  under  the  entire  con- 

fXfeTstudy  t^^^l  o^  t^e  boa^<i  <^f  directors. 

Pii^^^ Section  87.     The  mode  and  manner  and  the  times  for  assessing 

Oct.  26, 1882.  §19 

Assessment —  ^"^  collecting  the  taxes  in  such  districts  shall  be  the  same  as  that 

Sf  faxes^p  me  "^^  provided  for  by  law. 

Ibid.  §  20";         Section  88.     It  is  hereby  made  the  duty  of  all  school  clerks 

?egrega\edre^^  whose  districts  lie  partly  within  and  partly  without  any  incorpo- 

ports  in  certain  rated  town  containing  ten  thousand  inhabitants,  to  make  to  the 

cases,  p.  1246.  ^  ' 

county  school  superintendent  of  the  county  containing  such  incor- 
porated city  or  town  a  segregated  report  at  the  time  now  provided 
for  by  law,  showing  the  number  of  persons  of  school  age  in  their 
respective  districts  living  within,  and  also  the  number  of  persons 
of  school  age  living  without  such  incorporated  city  or  town. 
Ibid.  §  21.         Section  89.    It  shall  be  the  duty  of  the  school  directors  of  the 
oldest  dist*rict   oldest  organized  district  affected  by  this  act  to  designate  the  poll- 
poiifn^/pface    ^^^  places,  name  the  judges  and  clerks  to  serve  at  the  first  election 
V- 1246.  under  this  act,  and  the  board  of  such  oldest  district  shall  also 

canvass  and  declare  the  results  of  such  election. 

_Jbid.  §  22^ Section  90.    All  acts  and  parts  of  acts  now  in  force  concerning 

Sfapp^y  to^^    the  duties  and  powers  of  school  directors  and  school  clerks  which 
offlg^^s.  (Jo  not  conflict  with  the  express  provisions  of  this  act  shall  be  con- 

sidered to  apply  to  the  officers  of  such  districts  as  are  established 
bv  this  act. 


SCHOOL    LAWS   OF  OREGON.  A\ 

TITLE  X. 

OP   NORMAL  SCHOOLS. 

[N.  B. — The  normal  school  at  Ashland,  in  Jackson  county,  was   oct.26,1882. 


established  by  the  act  of  the  legislative  assembly  approved  October 
26,  1882,  this  act  being  the  first  law  passed  in  this  ytate  on  the  sub- 
ject of  normal  schools.  The  normal  school  at  Drain,  in  Dougla.s 
county,  was  established  by  the  act  approved  February  0, 1885,  and 
the  normal  school  at  The  Dalles,  in  Wasco  county,  was  established 
by  the  act  approved  February  25, 1889.  As  these  acts  are  all  identical 
in  their  provisions,  except  as  to  the  name  of  the  school  in  each  act,  it 
is  deemed  sufficient  for  the  purposes  of  this  compilation  to  consoli- 
date them  all  in  one  title  as  one  law  for  the  sake  of  conciseness.] 

Section  91.  The  Ashland  college  and  normal  school  at  Ashland, 
Jackson  county,  Oregon;  the  Oregon  normal  school  at  Drain,  in 
Douglas  county,  Oregon,  and  the  normal  school  of  the  Wasco 
Independent  academy,  at  The  Dalles,  Oregon,  are  hereby  declared 
to  be  State  normal  schools  of  the  State  of.  Oregon. 

Section  92.    The  control  of  said  normal  schools  shall  remain         iwd. 


vested  in  the  board  of  trustees  which  now  have  control  of  the  ^v ho  u> control, 
above-named  institutions. 
Section  93.    The  course  of  study  to  be  pursued  in  the  said  State        ibid. 


normal  schools  shall  be  prescribed  by  the  joint  action  of  the  State  Course  of 

,  ,       ,       ,     study,  diplo- 

board  of  education  with  the  president  of  the  said  normal  schools;  mas,  etc. 

and  persons  who  complete  the  required  course  of  study  and  pass 

such  examination  thereon  as  may  be  approved  by  the  State  board 

of  education  shall  be  entitled  to  receive  a  State  diploma,  as  is  now 

authorized  by  law,  and  after  six  years  of  successful  teaching  in  the 

State  of  Oregon  shall  be  entitled  to  the  State  Ufe  diploma,  as 

now  provided  by  law;  provided^  such  persons  shall  not  receive  Proviso. 

State  diplomas  as  aforesaid  unless  they  are  over  twenty-one  years 

of  age,  or,  if  females,  eighteen  years  of  age,  and  have  attended  one 

of  the  aforesaid  normal  schools  for  a  period  of  not  less  than  one 

year,  and  have  paid  the  required  fee  for  said  diploma. 

Section  94.    The  rules  and  regulations  for  the  disciphne  in  said ibid. 

normal  schools  shall  be  prescribed  by  the  faculty  of  each  school  ^'jjb^  by  the 
respectively,  subject  to  the  approval  of  the  State  board  of  education,  faculty,  p.  1263. 

Section  95.    The  board  of  trustees  may  extend  the  course  of        jbid. 

study  so  as  to  include  the  branches  of  a  college  course  and  confer  course  of  study 

mftv  be  ex- 
degrees  in  the  same;  but  no  such  work  shall  be  allowed  to  conflict  tended,  p.  laes. 

with  the  proper  work  of  the  normal  school. 


48 


SCHOOL   LAWS   OF   OREGON. 


Oct.  26, 1882.       Section  96.     Model  training  schools  for  professional  practice  in 

Model  training  teaching  shall  be  maintained  in  those  normal  schools,  and  all 

schools  to  be  °  ' 

maintained,     normal  students  may  have  the  privilege  of  training  in  the  same. 

p.  1263. 


TITLE  XII. 


INSTITUTE   FOR  THE   BLIND. 


Oct.  21, 1876.  §2, 

Board  of  trus- 
tees, duties  of, 
p.  1267. 


Section  97.  The  State  board  of  education  are  hereby  constituted 
the  board  of  trustees  of  said  institute,  and  it  shall  be  their  duty  as 
such  trustees  to  take  charge  of  the  funds  of  the  institute  ;  to  pro- 
vide for  the  proper  care  of  the  pupils  ;  to  appoint  all  oflQcers  and 
teachers,  and  define  the  duties  of  the  same ;  to  fix  and  regulate 
the  salaries  of  all  persons  employed  by  them,  and  to  make  a  full 
statement  of  the  expenses,  management,  and  condition  of  the 
institute  at  each  regular  session  of  the  legislative  assembly. 

Section  98,  All  blind  persons  who  are  residents  of  the  State,  of 
sound  mind  and  in  good  health,  shall  be  entitled  to  free  education 
at  the  institute  for  a  period  of  not  more  than  two  years,  and  the 
board  shall  further  have  authority  to  allow  pupils,  for  special 
reasons,  to  remain  for  a  longer  period  than  two  years.  Blind  per- 
sons not  residents  of  this  State,  who  are  of  sound  mind  and  in 

Non-residents   good  health,  may  be  received  as  pupils  on  the  payment  of  two 

may  be  re- 

ceived,  when,   hundred  and  fifty  dollars,  gold  coin,  annually,  in  advance. 


Ibid. 


Who  entitled 
to  free  educa- 
tion, p.  1267. 


TITLE  XIII. 


OF   STATE   LANDS. 


AN  ACT  for  the  Selection  and  Sale  of  State  Lands  Remaining  Unsold. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon: 

feb.21,is87.       Section  1.    The  Governor,  Secretary  of  State,  and  State  Treas- 

dSeSed\^o"sen  ^^'®^'  ^^  ^  board  of  commissioners  for  the  sale  of  school  and  uni- 

state  lands.       versity  lands  and  for  the  investment  of  the  funds  arising  therefrom, 

are  hereby  authorized  and  required  to  sell  the  remaining  unsold 

school,  university,  and  capitol  building  lands,  also  lands  granted 

»  to  the  State  by  the  United  States  adjoining  salt  springs,  and  lands 

granted  to  the  State  for  the  purposes  of  internal  improvements 

which  have  been  or  may  hereafter  be  selected,  at  the  uniform  price 

of  one  dollar  and  twenty-five  cents  per  acre,  and  the  agricultural 

college  lands  at  two  dollars  and  fifty  cents  per  acre  in  quantities 

not  exceeding  three  hundred  and  twenty  acres,  to  any  one  person. 


SCHOOL   LAWS   OF  OREGON.  49 

Section  2.  When  any  person  desires  to  purchase  any  of  the  feb,21.i887. 
lands  of  this  State  mentioned  in  section  1  of  this  act,  he  shall  file  Form  otTmii- 
an  application  therefor  with  the  said  board  of  commi8sioner[8], 
which  application  shall  contain  a  precise  description  of  the  land 
applied  for,  according  to  the  United  States  survey  thereof,  and  be 
accompanied  by  the  affidavit  of  the  applicant  taken  before  some 
notary  public  or  county  clerk,  to  the  effect  that  he  is  over  18  years 
of  age,  and  is  a  citizen  of  the  United  States,  or  has  declared  his 
intention  to  become  such,  and  a  resident  of  this  State;  that  he  has 
not  directly  or  indirectly  made  any  previous  purchase  of  land  from 
this  State,  or  any  for  him  which,  together  with  the  land  described 
in  the  application,  exceeds  three  hundred  and  twenty  acres;  that 
the  proposed  purchase  is  for  his  own  benefit  and  not  for  the  pur- 
pose of  speculation  ;  that  he  has  made  no  contract  or  agreement, 
expressed  or  implied,  for  the  sale  or  disposition  of  the  land  applied 
for  in  case  he  is  permitted  to  purchase  the  same,  and  that  there  is 
no  valid  adverse  claim  thereto  by  any  actual  settler. 

Section  3.    When  any  such  application  is  filed  for  the  purchase        ibid. 

of  land,  to  be  selected  in  lieu  of  the  sixteenth  or  thirty -sixth  sec- Selection  of 

'  lieu  lands, 

tions,  or  to  compensate  for  deficiency  of  school  land  in  fractional  p.  1571. 

townships,  the  said  application  shall  state  the  sixteenth  or. thirty- 
sixth  sections  of  fractional  township,  in  lieu  of  which  the  land  is 
to  be  taken,  and  the  land  commissioner  shall  thereupon  select  the 
said  land  in  the  proper  land  office  in  the  manner  prescribed  by 
the  laws  of  the  United  States,  and  when  said  selection  shall  be 
accepted  by  the  register  of  said  land  office,  the  clerk  of  the  board 
of  land  commissioners  shall  notify  the  said  applicant  to  pay  the 
purchase  price  of  said  land  within  sixty  days  from  the  date  of  such 
notice,  in  the  manner  and  on  the  terms  now  provided  by  law,  and 
if  said  applicant  shall  fail  to  make  such  payment  as  aforesaid  the 
land  shall  be  subject  to  the  claim  of  the  next  legal  applicant. 
Section  4.    This  act  shall  take  effect  ffom  and  after  its  passage,         ibid. 


but  nothing  herein  contained  shall  be  construed  to  reduce  ^-^^  Price^ofre^^ 
price  of  any  State  land  heretofore  sold  by  the  board  of  land  com- p.  1572, 
missioners,  which  shall  revert  to  the  State  by  reason  of  the  non- 
payment of  the  balance  of  the  purchase  money  or  interest  thereon. 


[Section  21,  page  50,  Laws  of  1878.] 
Section  21.    Ten  per  centum  of  all  moneys  hereafter  received  irreducible 
from  the  sale  of  swamp,  overflowed,  and  tide  lands  which  have  p.  1269. 
been  granted  to  the  State  of  Oregon  by  the  congress  of  Ihe  United 
4 


50  SCHOOL   LAWS   OF  OREGON. 

Same  subject.  States  shall  be  appropriated  to  and  become  a  part  of  the  irreducible 
common  school  fund  of  the  State  of  Oregon,  the  interest  of  which 
shall  be  annually  divided  among  the  several  school  districts  of  said 
State,  according  to  the  laws  made  and  provided  in  the  statutes  of 
said  State. 


[Section  28,  page  52,  Laws  of  1878.] 
Security  in  Section  28.    The  board  may,  in  their  discretion,  demand  the 

of^und^^^^272  services  of  any  county  oflftcer  in  any  business  relating  to  the  State 
lands  and  funds  loaned  in  his  county,  and  the  county  treasurer 
shall,  if  so  required,  receive,  receipt  for,  and  safely  keep  separate 
any  school,  university,  or  agricultural  college  funds,  or  notes  and 
securities  for  such  funds,  subject  to  the  order  of  the  board,  and,  if 
so  required,  act  as  the  general  agent  of  the  board  in  his  county. 
The  board  shall,  before  entrusting  any  of  the  money  or  securities 
belonging  to  any  of  the  funds  of  this  State  under  the  control  or 
charge  of  any  person  or  oflScer,  require  such  person  or  officer  to 
give  an  undertaking  to  the  State  of  Oregon  in  such  sum  as  they 
may  deem  necessary,  not  less  than  five  thousand  dollars,  condi- 
tioned that  he  will  receive,  safely  keep,  and  pay  over,  as  directed 
by  the  board,  all  moneys  and  securities  that  shall  come  into  his 
hands  as  agent  of  such  board. 


[  Section  29,  page  53,  Laws  of  1878.] 

Agents  of  Section  29.    School  superintendents,  on  being  furnished  by  the 

board,  p.  1272.  j^q^j.^  V7\t\i  a  list  of  the  moneys  due  in  their  counties  to  any  of 
the  educational  funds  of  the  State,  shall  be  diligent  in  requiring 
payment  thereof  to  the  board  or  their  agent,  as  the  board  may 
direct.  County  treasurers  and  other  agents  of  the  board  shall 
receive  one  half  of  one  per  cent  for  receiving  and  keeping  and 
one  half  of  one  per  cent  for  disbursing  all  moneys  received  by  them 
as  agents  of  the  board. 


AN  ACT  to  amend  an  Act  entitled  "An  Act  Declaring  what  shall  Constitute  the 
Irreducible  School  Fund  of  this  State,  and  to  Provide  for  its  Investments,"^ 
approved  February  21,  1887,  and  to  Repeal  Section  2722  of  Hill's  Annotated 
Laws  of  Oregon. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon: 
Feb. 21, 1891.       Section  1.    That  section  1  of  an  act  entitled  "An  act  declaring 
what  shall  constitute  the  irreducible  school  fund  of  this  State,  and 
to  provide  for  its  investments,"  approved  February  21,  1887,  be 
amended  so  as  to  read  as  follows: 


SCHOOL   LAWS   OF  OREGON.  51 

Sec.  1.  The  irreducible  school  fund  of  this  State  shall  be  com-  FEB.2i,i«ei, 
posed  of  the  proceeds  of  the  sales  of  the  sixteenth  and  thirty-sixth 
sections  of  every  township  in  this  State,  or  of  any  lands  selected 
in  lieu  thereof;  all  the  moneys  and  clear  proceeds  of  all  property 
which  may  accrue  to  the  State  by  escheat  or  forfeiture;  all  moneys 
which  may  be  paid  as  exemption  from  military  duty;  the  proceeds 
of  all  gifts,  devises,  and  bequests,  made  by  any  person  to  the  State 
for  common  school  purposes;  the  proceeds  of  all  property  granted 
to  the  State  v,  hen  the  purpose  of  such  grant  shall  not  be  stated;  all 
the  proceeds  of  the  five  hundred  thousand  acres  of  land  to  which 
this  State  is  entitled  by  the  provisions  of  an  act  of  congress  entitled 
"An  act  to  appropriate  the  proceeds  of  the  sales  of  the  public  lands 
and  to  grant  preemption  rights,"  approved  September  4, 1841;  and 
all  the  proceeds  as  aforesaid  shall  be  set  apart  as  a  separate  and 
irreducible  fund,  to  be  called  the  common  school  fund,  the  interest 
of  which  shall  be  exclusively  applied  to  the  support  and  mainte- 
nance of  common  schools  in  each  school  district  in  this  State,  and 
the  purchase  of  suitable  libraries  and  apparatus  therefor;  provided^ 
howeoer^  that  all  lawful  claims  for  the  repaj^meut  of  moneys  out 
of  escheated  estates  and  for  attorney's  fees  and  other  expenses  in 
any  suit  or  proceeding  relating  to  escheated  estates  shall  be  audited 
and  approved  by  the  board  of  commissioners  for  the  management 
of  said  school  fund,  and  shall  be  paid  out  of  such  fund. 

Section  2.  That  section  2  of  the  above-entitled  act,  approved 
February  21, 1887,  be  amended  so  as  to  read  as  follows: 

Sec.  2.  It  shall  be  the  duty  of  the  Governor,  the  Secretary  of 
State,  and  the  State  Treasurer,  as  a  board  of  commissioners  for  the 
sale  of  school  and  university  lands,  and  for  the  investment  of 
the  funds  arising  therefrom,  to  lend  the  said  fund,  in  the  manner 
now  provided  by  law,  at  a  no  less  rate  of  interest  than  7  per  cent 
per  annuna.  The  board  shall,  on  the  first  day  of  August  of  each 
year,  and  oftener  if  deemed  advisable,  distribute  the  interest  on 
hand  arising  from  the  irreducible  school  fund  among  the  several 
counties  of  this  State  in  proportion  to  the  number  of  children  res- 
ident therein  between  the  ages  of  four  and  twenty  years;  and  said 
board  is  hereby  empowered  and  authorized  to  make  such  rules  and 
regulations  in  relation  to  such  distribution  as  they  may  deem  nec- 
essary to  secure  a  just  distribution  of  such  interest.  The  amount 
apportioned  to  each  county  shall  be  placed  in  the  custody  of  the 
county  treasurer,  who  shall  report  the  same  to  the  county  superin- 
tendent of  common  schools  for  distribution  among  the  several 
school  districts  of  his  county. 


52  SCHOOL   LAWS   OF  OREGON 

Feb.  21, 1891.  Sections.  That  section  2722  of  Hill's  annotated  aws  of  Oregon 
be  and  the  same  is  hereby  repealed. 

Section  4.  Outstanding  warrants  drawn  against  the  escheat 
fund  shall  be  paid  on  demand  out  of  the  irreducible  or  common 
school  fund.  There  being  urgent  necessity  therefor,  this  act  shall 
take  effect  and  be  in  force  immediately  upon  its  approval  by  the 
Governor. 

Section  5.  All  warrants  drawn  on  the  State  Treasurer  by  the 
Secretary  of  State  by  order  of  court,  as  authorized  in  section  3141 
of  title  I.  of  chapter  XXV.  of  Hill's  code,  shall  be  made  payable 
out  of  the  common  school  fund  principal. 


AN  ACT  to  Encourage  More  Thorough  Preparation  of  Teachers  for  Public  School 
Work  in  the  State  of  Oregon. 

Beit  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon : 

Feb.  20, 1891.  That  all  persons  who  shall  complete  a  required  course  of  study 
and  receive  a  literary  degree  therefor  in  any  institution  of  learning 
of  collegiate  or  university  grade,  chartered  or  incorporated  under 
the  laws  of  this  State,  and  shall  have  passed  such  examination 
thereon  as  may  be  designated  and  approved  by  the  State  board  of 
education,  shall  be  entitled  to  receive  a  State  diploma,  as  is  now 
authorized  by  law,  and  after  six  years  of  successful  teaching  in  the 
State  of  Oregon,  shall  be  entitled  to  the  State  life  diploma,  as  now 
provided  by  law,  when  they  shall  have  paid  the  required  fees  for 
said  diplomas. 

AN  ACT  to  Increase  the  Efficiency  of  Special  Schools  for  the  Education  of 
Defective  and  Afflicted  Children  in  the  State  of  Oregon. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon: 

Feb.  21, 1891.  Section  1.  It  shall  be  the  duty  of  the  clerks  of  all  school  dis- 
tricts in  the  State  of  Oregon  to  report  to  the  school  superintendents 
of  their  respective  counties  the  names  of  all  deaf,  mute,  or  blind 
youth  residing  within  their  districts  who  are  between  the  ages  of 
six  and  fourteen  years. 

Section  2.  It  shall  be  the  duty  of  each  county  school  superin- 
tendent to  make  a  full  and  specific  report  of  such  youth  to  the 
county  commissioners  of  his  county  at  the  first  regular  meeting  of 
said  commissioners  held  after  the  first  Monday  of  April  in  each 
year.  He  shall  also,  at  the  same  time,  transmit  a  duplicate  copy 
of  said  report  to  the  superintendent  of  the  school  for  deaf-mutes, 
and  to  the  superintendent  of  the  school  for  the  blind  at  Salem, 
Oregon. 


SCHOOL   LAWS  OF  OREGON.  53 

Section  3.  Immediately  on  the  receipt  of  said  duplicate  reporta,  fkb. 21.1891. 
it  shall  be  the  duty  of  the  superintendents  of  said  schools  for  the 
deaf  or  the  blind,  as  the  case  may  be,  to  furnish  each  and  every 
parent  or  guardian  of  any  deaf-mute  or  blind  person  of  school  age 
with  all  necessary  information  and  blanks  necessary  to  secure 
admission  to  said  institution. 

Section  4.  If  it  appear  to  the  satisfaction  of  the  county  com- 
missioner that  the  parents  of  any  such  deaf  or  blind  youth  within 
their  county  are  unable  to  bear  the  traveling  expenses  of  sending 
him  or  her  to  said  State  school,  or  to  furnish  necessary  clothing,  it 
shall  then  be  the  duty  of  such  commissioners  to  furnish  the  cloth- 
ing and  send  him  or  her  to  such  school  at  the  expense  of  the 
county,  the  parent  or  guardian  of  such  child  consenting  thereto. 


AN  ACT  for  the  Appointment  of  Regents  for  the  State  Normal  School  at 
Monmouth,  and  lo  Prescribe  their  Duties. 

Be  it  enacted  hy  the  Legislative  Assembly  of  the  State  of  Oregon: 

Section  1.  The  general  government,  superintendence,  and  direc-  Feb. 21. 1893. 
tion  of  the  normal  school  of  the  State  of  Oregon,  at  Monmouth, 
is  hereby  vested  in  a  board  of  regents,  to  be  known  as  "The  board 
of  regents  of  the  normal  school  of  the  State  of  Oregon,"  which 
board  shall  be  composed  of  twelve  persons,  and  of  which  the  State 
board  of  education  shall  be  ex  officio  members.  The  other  nine 
members  of  the  board  shall  be  appointed  by  the  Governor,  by  and 
with  the  advice  and  consent  of  the  senate.  Such  appointed  mem- 
bers shall  hold  oflBce  as  follows :  Three  of  them  shall  go  out  of 
office  at  the  end  of  the  second  year,  three  of  them  at  the  end  of 
the  fourth  year,  and  the  remaining  three  at  the  end  of  the  sixth 
year  from  the  time  of  the  first  appointment,  the  names  of  those  to 
leave  office  to  be  determined  by  the  Governor  at  the  time  of  their 
appointment.  Thereafter  every  person  appointed  shall  serve  for 
the  full  period  of  six  years,  or  until  their  successors  are  appointed 
and  qualified.  All  vacancies  occurring  in  said  board  by  death, 
resignation,  or  otherwise  during  the  recess  of  the  senate  shall  be 
filled  by  appointment  by  the  Governor  until  the  next  meeting  of 
the  legislature,  or  until  their  successors  are  appointed  and  qualified. 

Section  2.  The  board  of  regents  shall  elect  one  of  their  number 
president,  whose  duty  it  shall  be  to  preside  at  all  meetings  of  the 
board,  to  call  special  meetings  of  the  same  upon  the  written  request 
of  three  members  thereof,  and  to  perform  such  other  duties  as  may 
be  provided  for  by  law  or  prescribed  by  the  board.  If  the  president 
shall  be  absent  from  any  meeting  of  the  board,  the  members  present. 


54  SCHOOL   LAWS  OF  OREGON. 

Feb,21,189]L_  if  a  quorum,  may  elect  one  of  their  number  president  pro  tern., 
who  shall  thereupon  perform  the  duties  of  president  during  said 
meeting. 

Section  3.  The  board  of  regents  shall  elect  a  secretary  and  treas- 
urer for  the  normal  school,  who  shall  keep  their  offices  in  Mon- 
mouth, and  who  shall  serve  for  a  period  of  two  years,  or  until  their 
successors  shall  be  duly  elected  and  qualified.  They  shall  respect- 
ively perform  such  duties  as  the  board  may  direct.  They  shall 
each  give  a  bond  to  the  board  for  the  faithful  performance  of  their 
duties  in  such  amount  and  w^ith  such  sureties  as  the  board  may 
direct,  to  be  approved  by  the  board. 

Section  4.  The  board  of  regents  shall  receive  from  the  State 
normal  school  association  a  deed  to  the  premises  now  used  and 
occupied  by  the  State  normal  school  at  Monmouth,  which  deed 
they  shall  have  duly  recorded  ;  and  they  shall  hold  said  premises 
in  trust  for  the  State  of  Oregon  for  normal  school  purposes. 

Section  5.  The  board  of  regents  shall  meet  annually  at  Mon- 
mouth on  the  last  Tuesday  of  each  school  year,  which  meeting 
shall  be  known  and  styled  as  the  regular  or  annual  meeting  of  the 
board.  This  meeting  may  adjourn  from  day  to  day  when  in  the 
judgment  of  the  regents  such  adjournment  is  necessary  to  promote 
the  discharge  of  their  duties  and  the  interests  of  the  school ;  but 
no  special  meeting  of  the  board  shall  be  called  by  the  president 
except  upon  a  written  notice  to  each  member  of  the  board  of  the 
time  and  place  of  such  meeting;  said  notice  to  be  served  by  the 
president  delivering  the  same  personally  to  each  member,  or  by 
mailing  the  same  to  the  postoffice  address  of  such  member  not  less 
than  ten  days  before  the  time  appointed  for  such  meeting. 

Section  6.  The  general  powders  and  duties  of  the  board  of  regents 
shall  be, — 

First— To  receive  by  gift,  bequest,  appropriation,  or  otherwise, 
real  or  personal  estate,  money  or  other  property,  for  and  in  behalf 
of  the  State  normal  school. 

Second — To  control  and  provide  for,  subject  to  the  conditions 
herein  named,  the  custody  and  occupation  of  the  State  normal 
school  grounds  and  buildings,  and  the  books,  papers,  and  docu- 
ments belonging  thereto. 

Third  — To  appropriate,  use,  or  expend  moneys  belonging  to  or 
appropriated  for  the  use  and  benefit  of  said  State  normal  school, 
in  such  manner  as  will  in  their  judgment  best  subserve  the  inter- 
ests of  said  school,  and  to  manage,  control,  and  apply  all  property, 
ot  whatever  nature,  which  belongs  to  or  may  hereafter  be  earned 
by,  given  to,  or  appropriated  for  the  use,  support,  or  benefit  of  the 


l^aiiOOL  LAWS  OF  OREGON.  ^ 

State  normal  school  according  to  the  terms  of  such  gift  or  appro-    feb.21,1891. 
priation. 

Fourth — To  appoint  and  employ  a  president  and  a  vice-president 
of  the  State  normal  school,  and  the  requisite  number  of  professors, 
teachers,  and  employes,  and  to  prescribe  their  duties,  compensa- 
tion, and  tenure  of  office  or  employment. 

Fifth— To  demand  and  receive  all  moneys  appropriated  for 
carrying  out  the  provisions  of  this  act,  and  all  sums  due  and  accru- 
ing to  said  normal  school  for  admission  and  tuition  therein,  and 
apply  the  same,  or  as  much  thereof  as  may  be  necessary,  to  pay 
the  compensation  aforesaid,  and  the  other  current  expenses  of  the 
school. 

Sixth — To  prescribe  a  fee  for  admission  into  said  school,  to  be 
applied  to  the  payment  of  incidental  expenses,  and  the  rate  of 
tuition  therein. 

Seventh — To  have,  in  connection  with  the  president  of  the 
school,  the  general  supervision  of  the  course  of  instruction  therein, 
and  to  enact  rules  and  bylaws  for  the  government  thereof,  includ- 
ing the  faculty,  teachers,  students,  and  employ6s  therein. 

Eighth  — To  confer  diplomas  on  such  persons  as  the  faculty  may 
recommend  for  graduation,  and  who  shall  have  passed  before  the 
State  board  of  [education],  or  some  person  or  persons  appointed 
by  said  board  to  conduct  such  examination  in  Monmouth,  a  satis- 
factory examination  on  all  the  branches  of  the  prescribed  course 
of  study  and  the  methods  of  teaching  them;  pj'ovided,  that  per- 
sons shall  have  attended  the  State  normal  school  not  less  than  one 
year,  and  have  had  a  successful  experience  in  teaching  before 
receiving  a  State  diploma.  The  normal  school  diploma  shall  be 
signed  by  the  State  board  of  education,  by  the  president  and  sec- 
retary of  the  board  of  regents,  and  by  the  faculty  of  the  State 
normal  school.  All  graduates  of  the  State  normal  school  are 
hereby  authorized  to  teach  in  any  public  school  in  this  State. 

Ninth — To  prescribe  the  qualifications  for  admission  into  the 
school;  and, 

Tenth  —To  make  rules  and  bylaws  not  in  conflict  w^th  the  laws 
of  this  State  for  the  government  of  the  board  of  regents. 

Section  7.  At  all  meetings  of  the  board  of  regents  four  members 
shall  constitute  a  quorum,  but  a  less  number  may  adjourn  from 
time  to  time.  The  powers  and  duties  of  the  board  may  be  per- 
formed during  the  pleasure  of  the  board  by  a  committee  thereof, 
to  be  called  the  executive  committee  of  the  board  of  regents  of  the 
Oregon  State  normal  school,  with  powers  and  duties  as  the  board 
may  presciibe. 


56  SCHOOL   LAWS  OF   OREGON. 

Feb. 21. 1891.  Section  8.  The  regents  shall  not  receive  any  compensation  for 
their  services,  but  they  may  be  allowed  their  actual  and  necessary 
expenses  in  attending  the  meetings  of  the  board,  to  be  paid  as 
current  expenses  of  the  school. 

Section  9.  At  the  close  of  each  school  year  the  president  of  the 
board  of  regents,  and  the  president  of  the  faculty,  shall  jointly 
make  a  written  report  to  the  Governor  of  the  State,  showing  the 
traasactions  of  the  board,  the  condition,  progress,  and  wants  of 
the  school,  the  number  of  professors,  teachers,  and  students,  and 
such  other  information  as  may  be  deemed  of  importance,  of  which 
reports  a  sufficient  number  shall  be  printed  by  the  State  Printer 
for  gratuitous  distribution  throughout  the  State. 

Section  10.  Inasmuch  as  the  board  of  regents  provided  for  in 
this  act  should  take  immediate  control  of  said  State  normal  school, 
this  act  shall  take  effect  and  be  in  force  from  and  after  the  approval 
of  the  Governor. 

Section  11.  Each  order  upon  the^tate  Treasurer  by  the  board 
of  regents  of  said  normal  school  must  \e  signod  by  the  president 
of  the  board,  and  countersigned  by  thfe  secretary.  Upon  presen- 
tation of  the  said  order  aforesaid,  signed  and  countersigned  as 
aforesaid,  the  Secretary  of  State  must  draw  his  warrant  in  favor 
of  the  board  of  regents  of  said  school  for  any  moneys  or  part 
thereof  appropriated  and  set  apart  for  the  support  of  said  normal 
school,  and  the  Treasurer  must  pay  said  warrant  on  presentation. 


AN  ACT  to  amend  an  Act  entitled  au  Act  Providing  for  the  Establishment  of  State 
Normal  Schools  in  Oregon,  approved  October  26, 1882;  also  an  Act  entitled  an 
Act  to  amend  an  Act  entitled  an  Act  Providing  for  the  Establishment  of  State 
Normal  Schools  in  Oregon,  approved  February  26, 1885, 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon  : 

Feb.  20, 1893.  Section  1.  The  act  of  the  legislative  assembly  of  the  State  of 
Oregon,  entitled  an  act  providing  for  the  establishment  of  a  State 
normal  school  at  Weston,  in  Umatilla  county,  Oregon,  approved 
February  26,  1885,  be  and  the  same  is  hereby  amended  to  read  as 
follows:— 

Section  2.  That  said  normal  school  is  hereby  created  and  estab- 
lished upon  the  terms  and  conditions  hereinafter  mentioned  and 
provided  in  this  act.  The  school  is  hereby  permanently  located  at 
Weston,  Oregon. 

Section  3.  For  the  government  of  said  State  normal  school  and 
to  carry  out  the  objects  of  its  creation,  there  is  hereby  created  a 
board  of  seven  regents,  to  be  known  as  the  board  of  Eastern  Oregon 
State  normal  school  regents.    The  members  of  this  board  shall  be 


SCHOOL   LAWS   OF  OREGON.  57 

appointed  by  the  Governor  within  thirty'  days  after  this  act  takes  Feb. 20, 1898. 
effect,  and  their  term  of  office  shall  commence  on  the  first  Monday 
in  April,  1893.    Of  the  seven  regents  so  appointed,  two  shall  hold 
office  for  two  years,  two  for  four  yeare,  and  three  for  six  years,  and 
until  their  successors  are  appointed  and  qualified. 

Section  4.  Not  more  than  four  members  of  this  board  of  regento 
at  any  time  shall  belong  to  the  same  political  party.  The  term  of 
service  of  each  member  first  appointed  under  this  act  shall  be  de- 
termined by  lot  among  them.  After  the  first  appointment  mem- 
bers shall  hold  office  for  the  full  term  of  six  years,  and  until  their 
successors  are  appointed  and  quaUfied,  unless  to  fill  a  vacancy,  in 
which  case  they  shall  hold  office  for  the  remainder  of  the  unex- 
pired term. 

Section  5.  The  said  board  of  normal  school  regents  and  their 
successors  in  office  are  hereby  constituted  a  body  corporate  with 
full  power  to  accomplish  the  objects  and  perform  the  duties  pre- 
scribed by  them,  but  shall  not  buy  or  sell  real  estate,  mortgage,  or 
in  any  way  dispose  of  the  same,  nor  borrow  nor  loan  money  with- 
out express  authority  from  the  legislature  of  the  State  of  Oregon ; 
and  all  moneys  received  by  them  from  tuition  fees  or  otherwise, 
as  such  regents,  shall  be  paid  by  them  to  the  treasurer  of  the 
board,  and  be  accounted  for  in  each  annual  report. 

Section  6.  The  officers  of  the  board  shall  be  a  president,  a  sec- 
retary, and  a  treasurer,  who  shall  severally  hold  office  for  the  term 
of  one  year,  and  until  their  successors  are  elected  and  qualified. 
They  shall  be  elected  by  the  board  at  their  annual  meeting,  and 
shall  perform  the  duties  incidental  to  their  several  offices,  and  such 
other  duties  as  may  be  prescribed  by  the  board.  In  the  absence  of 
the  president,  any  member  of  the  board  may  be  elected  president 
pro  tempore.  The  secretary  and  the  treasurer  may  be  chosen  from 
the  members  or  otherwise,  as  the  board  may  direct,  but  in  either 
case  the  treasurer,  before  entering  upon  the  duties  of  his  office, 
shall  execute  to  the  State  of  Oregon  a  good  and  sufficient  bond  in 

the  sum  of thousand  dollars,  conditional  upon  the  faithful 

discharge  of  his  duties,  said  bond  to  be  approved  by  the  president 
of  the  board  and  the  governor  of  the  State  of  Oregon. 

Section  7.  The  said  board  shall  hold  an  annual  meeting  in  the 
normal  school  building  on  the  last  Wednesday  in  May  of  each 
year,  or  at  such  other  time  as  they  may  hereafter  designate. 
Special  meetings  may  be  called  by  the  governor  or  the  president  of 
the  board  on  a  petition  for  that  purpose  signed  by  any  four  mem- 
bers of  the  board.  A  majority  of  the  board  of  regents  shall  con- 
stitute a  quorum  for  the  transaction  of  business,  but  a  less  number 


58      .         SCHOOL   LAWS  OF  OREGON. 

Feb. 20, 1893.  may  meet  and  adjourn  from  time  to  time.  Any  member  of  the 
board  may  be  removed  by  the  governor,  or  by  a  majority  vote  of 
the  board  of  regents,  after  reasonable  notice,  for  cause. 

Section  8.  No  member  of  the  board  of  normal  school  regents 
shall  receive  any  salary  or  fees  for  his  services,  with  the  exception 
of  traveling  expenses  to  and  from  each  board  meeting.  The  secre- 
tary may  be  allowed  a  compensation  of  not  to  exceed  two  hundred 
dollars  per  annum,  and  the  treasurer  not  to  exceed  one  hundred 
dollars  per  annum,  to  be  paid  as  the  other  salaries  are  paid. 

Section  9.  All  payments  by  the  board  of  regents  for  teachers' 
salaries,  or  salaries  of  secretary  and  treasurer,  or  for  apparatus,  fur- 
niture, or  incidental  expenses  and  disbursements  of  every  sort, 
shall  be  made  by  the  treasurer  of  the  board  in  accordance  with 
accounts  duly  audited  by  the  board  or  a  committee  thereof,  and 
upon  a  warrant  of  the  secretary  of  the  board,  countersigned  by 
the  president  of  the  boarcT.  And  in  case  of  a  gift,  or  donation,  or 
receipt  of  money  from  any  source,  nd^uch  warrant  shall  be  issued 
until  the  sums  so  received  have  been  paid  to  the  tresisurer  of  the 
board,  nor  in  any  case  until  the  work  be  done,  or  article  furnished, 
or  consideration  received  entitling  the  applicant  to  such  warrant, 
according  to  previous  contract  with  said  board  of  regents,  or  their 
authorized  agents,  for  that  purpose. 

Section  10.  The  purpose  and  object  of  this  normal  school  shall 
be  the  instruction  and  training  of  persons,  both  male  and  female, 
in  the  theory  and  art  of  teaching,  and  in  all  branches  necessary  to 
thorough  preparation  for  teaching  in  the  common  schools  in  the 
State  of  Oregon,  also  to  give  instruction  in  the  fundamental  laws 
of  the  United  States  and  of  this  State  in  what  regards  the  rights 
and  duties  of  a  good  citizen. 

Section  11.  The  board  of  regents  may  establish  a  model  school 
for  practice  in  teaching  in  connection  with  the  normal  school 
work,  and  make  all  the  regulations  necessary  to  govern  and  sup- 
port the  same ;  and  they  may  in  their  discretion  admit  pupils  to 
such  model  school  free  of  charge. 

Section  12.  The  general  duties  and  powers  of  the  board  of 
regents  shall  be, — 

1.  To  make,  in  connection  with  the  president  of  the  faculty, 
rules,  regulations,  and  bylaws  for  the  government  of  the  school 
and  each  department  of  the  same. 

2.  To  appoint  a  president  and  vice-president,  and  other  teachers 
and  officers,  and  to  employ  such  persons  as  may  be  required  for 
said  school,  and  to  fix  the  salary  and  tenure  of  office  or  employ- 


SCHOOL    LAWS  OF  OREGON.  59 

ment  of  each  person  so  appointed  or  employed,  and  to  prescribe    Fbb. 20, 189S. 
their  several  duties. 

3.  To  purchase  any  needful  or  proper  apparatus,  books,  or  arti- 
cles, and  to  provide  for  all  necessary  fuel  and  other  supplies  for  use 
in  the  school. 

4.  To  prescribe,  in  connection  with  the  president  of  the  school, 
the  course  of  study  and  the  various  books  to  be  used  in  the  school. 

5.  To  cause  notice  to  be  given  of  the  opening  of  the  school  and 
the  various  terms  thereof. 

6.  To  prescribe  rules  and  regulations  for  the  admission  of 
students,  and  to  require  any  applicant  for  admission,  other  than 
such  as  prior  to  admission  shall  sign  and  file  with  said  board  a 
declaration  of  intention  to  follow  the  business  of  teaching  in  the 
common  schools  of  the  state  of  Oregon,  to  pay  or  to  secure  to  be 
paid  such  fees  for  tuition  as  the  board  may  deem  reasonable. 

7.  To  confer  by  bylaws  upon  the  president  of  the  school  the 
power  to  suspend,  expel,  or  otherwise  punish  students  for  miscon- 
duct or  other  cause  prescribed  in  such  bylaws. 

8.  To  confer  diplomas  on  such  persons  as  the  faculty  may  rec- 
ommend for  graduation,  and  who  shall  have  passed  before  the 
State  board  of  education,  or  some  person  or  persons  appointed  by 
said  board  to  conduct  such  examination  in  Weston,  a  satisfactory 
examination  on  all  the  branches  of  the  prescribed  course  of  study 
and  the  methods  of  teaching  them;  provided,  that  said  persons 
shall  have  attended  this  normal  school  not  less  than  one  year  and 
have  had  a  successful  experience  in  teaching.  The  normal  school 
diploma  shall  be  signed  by  the  State  board  of  education,  by  the 
president  and  secretary  of  the  board  of  regents,  and  by  the  faculty 
of  said  normal  school.  All  graduates  of  said  normal  school  are 
hereby  authorized  to  teach  in  any  public  school  in  this  State  for  a 
period  of  six  years,  and  after  five  years  of  successful  teaching  in  thg 
State  of  Oregon  shall  be  entitled  to  a  State  life  diploma. 

Section  13.  For  the  support  of  said  normal  school  there  is 
hereby  appropriated  from  the  general  fund  of  the  State  the  sum  of 
twenty-four  thousand  dollars,  to  be  drawn  as  follows :  On  the  first 
Monday  in  April,  1893,  and  quarterly  thereafter,  the  Secretary  of 
State  shall  transmit  to  the  treasurer  of  the  board  of  regents  a 
warrant  for  one  eighth  of  the  amount  appropriated  by  the  legisla- 
ture. The  treasurer  of  the  board  of  regents  shall  hold  all  moneys, 
whether  received  as  above  or  from  any  other  source,  and  pay  out 
the  same  only  on  orders  from  the  secretary  of  the  board  of  regents, 
countersigned  by  the  president  of  the  board  of  regents. 


60  SCMOOL   LAWS   OF  OREGON. 

Feb.  20, 1893.  Section  14.  The  foregoing  provisions  of  this  act  are  expressly 
conditioned  that  the  said  normal  school  at  Weston  shall  be  deemed 
established,  and  the  powers  and  privileges  herein  defined  are 
granted  upon  the  complete  transfer  by  warrantee  deed  of  the 
normal  school  building  at  Weston,  said  conveyance  to  include  all 
the  real  estate  belonging  to  said  school,  also  the  transfer  of  all 
personal  property  belonging  thereto,  said  conveyance  to  be  ap- 
proved by  the  Governor  of  the  State  of  Oregon. 

Section  15.  All  acts  and  parts  of  acts  heretofore  passed  by  the 
legislative  assembly  of  the  State  of  Oregon  inconsistent  with  this 
act  are  hereby  repealed. 

Section  16.  Inasmuch  as  the  present  law  is  wholly  insufficient 
to  meet  the  increasing  demands  of  the  present  normal  school  at 
Weston,  and  does  not  subserve  the  interest  of  education  in  that 
part  of  the  State,  this  act  shall  be  in  force  from  and  after  its 
approval  by  the  Governor. 


AN  ACT  10  authorize  County  Judges  and  Clerks  of  School  Districts  to  Bid  in 
Property  Sold  for  Taxes. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon : 

Feb. 20, 1893.       That  the  county  judge  of  each  county  in  this  State  and  the  clerk 

of  every  school  district  is  hereby  empowered  and  authorized,  at 

any  legal  sale  of  land  for  taxes  in  his  county,  to  bid  for  and  in 

behalf  of  the  county  or  school  district  the  amount  of  taxes  and 

costs  that  are  charged  against  such  land  or  parcel  thereof ;  and  if 

there  be  no  higher  and  better  bidder,  such  land  shall  be  sold  to 

and  become  the  property  of  the  county  or  school  district,  subject 

to  redemption  as  provided  by  law. 


AN  ACT  to  enable  Women  to  hold  Educational  Offices  within  the  State  of  Oregon. 
Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon  : 
Feb.  20, 1893.       Section  1.    Women  over  the  age  of  twenty-one  years,  who  are 
citizens  of  the  United  States  and  of  this  State,  shall  be  eligible  to 
all  educational  offices  within  the  State. 

Section  2.    All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

AN  ACT  to  Establish  a  Graded  School  in  Southeastern  Oregon,  and  to  Appropriate 
Money  therefor. 

Feb.  22, 1893.       Whereas  there  has  never  been  an  appropriation  for  a  graded 

school  east  of  the  Cascade  mountains ;   and  whereas  there  is  no 

school  in  Southeastern  Oregon  where  any  of  the  higher  branches 


SCHOOL   LAWS    OF   OREGON.  61 

are  taught,  and  owing  to  the  great  distance  from  other  schools    FgB.2a.iW8. 

maintained  by  the  State,  and  that  the  obtaining  of  any  knowledge 

of  the  higher  branches  of  education  is  attended  with  great  expense 

to  those  living  in  Southeastern  Oregon  ;  therefore. 

Be  it  enacted  by-the  Legislative  Assembly  of  the  State  of  Oregon: 

Section  1.  That  there  is  hereby  appropriated  out  of  the  general 
fund  of  the  State  of  Oregon  the  sum  of  five  thousand  dollars 
($5,000),  to  be  used  in  establishing  and  maintaining  a  higher 
course  of  study  in  a  graded  school  to  be  established  in  Lakeview, 
Lake  county,  Oregon,  in  the  manner  as  hereinafter  provided. 

Section  2.  That  the  directors  of  said  graded  school  shall  give  a 
bond,  to  be  approved  by  the  Secretary  of  State,  in  the  sum  of  ten 
thousand  dollars  (110,000),  conditional  that  if  said  directors  shall 
well  and  truly  comply  with  the  provisions  of  this  act,  and  shall 
use  said  money  so  appropriated  in  the  manner  and  for  the  purpose 
in  this  act  provided,  then  said  bond  shall  be  void,  otherwise  to 
remain  in  full  force  and  effect.  Upon  the  presentation  and  appro- 
val of  said  bond,  the  Secretary  of  State  shall  issue  his  warrant  upon 
the  general  fund  for  the  sum  of  five  thousand  dollars,  payable  to 
the  chairman  of  the  board  of  directors  of  said  graded  school. 

Section  3.    Three  hundred  dollars  of  the  money  hereby  appro- 
propriated  shall  be  used  by  said  board  of  directors  in  purchasing 
apparatus  for  said  school,  and  the  remainder  shall  be  used  exclu- 
sively in  payment  of  salaries  of  teachers  in  the  higher  grades  of        .  . 
said  school. 

Section  4.  The  following  branches  shall  be  taught  in  the  higher 
grades  of  said  school  during  the  entire  time  that  the  money  hereby 
appropriated  is  used  in  payment  of  salaries  of  teachers  aforesaid, 
to  wit:  Higher  Arithmetic,  Algebra,  Geometry,  Political  Economy, 
Rhetoric,  Theory  and  Practice  of  Teaching,  and  such  other  studies 
as  the  directors  of  said  school  shall  deem  proper. 

Section  5.  No  part  of  the  money  hereby  appropriated  shall  be 
paid  to  the  directors  of  said  graded  school  until  there  is  constructed 
a  school  building  sufficient  to  accommodate  two  hundred^  students, 
and  which  shall  have  been  constructed  at  a  cost  of  not  less  than 
twelve  thousand  dollars.  The  evidence  of  these  facts  shall  be  the 
affidavit  of  the  chairman  of  the  board  of  directors  filed  with  the 
Secretary  of  State;  and  upon  the  filing  of  such  affidavit,  the  Secre- 
tary of  State  shall  draw  his  warrant  upon  the  State  Treasurer  in 
favor  of  the  chairman  of  the  board  of  directors  of  Lakeview  school 
for  the  sum  hereby  appropriated. 


52  SCHOOL   LAWS   OF  OREGON. 

AN  ACT  to  Secure  a  more  Convenient  Mode  of  making  Assessments  and  of  Collect- 
ing and  Paying  Taxes,  and  to  amend  Section  2794  of  the  General  Laws  of 
Oregon,  as  compiled  by  W.  Lair  Hill. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  State  of  Oregon : 

Feb.  21, 1893.  Section  1.  That  in  the  assessment  and  tax  roljs  of  the  several 
counties,  in  addition  to  the  columns  elsewhere  provided  for,  there 
shall  be  added  four  columns,  one  of  which  shall  be  headed 
*' Cities,"  one  "School  Districts,"  one  **  Amount  City  Tax,"  and 
one  ''Amount  School  District  Tax";  and  it  shall  be  the  duty  of 
the  several  county  assessors  in  making  their  assessments,  to  enter 
opposite  each  item  of  property  assessed^in  its  appropriate  column, 
the  name  of  the  city  or  incorporated  town,  and  the  number  of  the 
school  district  in  which  each  item  of  property  assessed  is  assessable. 

Section  2.  That  »in  preparing  the  tax  rolls  in  the  several  coun- 
ties, after  the  several  assessments  therein  have  been  finally  equal- 
ized and  the  State  board  of  equalization,  it  shall  be  the  duty  of  the 
clerks  of  the  county  courts  in  the  several  counties  to  compute  the 
aggregate  value  of  all  the  assessable  pr(^erty  in  each  of  the  incor- 
porated towns  or  cities,  and  in  each  of  the  several  school  districts 
in  each  county,  and  to  compile  the  same  upon  a  page  or  pages  of 
the  tax  roll  in  each  county,  showing  the  names  of  the  incorporated 
towns  or  cities  arranged  alphabetically,  and  the  numbers  of  the 
school  districts  arranged  consecutively,  with  the  aggregate  valua- 
tion of  the  assessable  property  in  each  town  or  city,  and  of  each 
school  district  shown  opposite  to  the  name  or  number  thereof 
respectively. 

Section  3.  That  all  the  taxes  hereafter  levied  by  any  school 
district  or  incorporated  town  or  city  shall  be  levied  upon  the 
property  therein  respectively  assessable  upon  the  valuation  of  such 
.  property  as  shown  by  the  assessment  roll  last  compiled  before  said 
levy  is  made  in  the  county  in  which  such  school  district  or  incor- 
porated town  or  city  is  included ;  and  it  shall  be  the  duty  of  the 
clerk  of  the  county  court  in  each  of  the  several  counties,  upon 
application  of  the  clerk  or  board  of  school  directors  of  any  school 
district,  apd  of  the  recorder,  auditor,  or  clerk,  or  common  council, 
board  of  directors  or  trustees  of  any  incorporated  town  or  city,  to 
furnish  a  certificate,  under  the  seal  of  the  county  court,  showing 
the  aggregate  valuation  of  the  assessable  property  in  the  school 
district  or  incorporated  town  or  city  from  which  such  application 
shall  have  been  made. 

Section  4.  It  shall  be  the  duty  of  each  school  district  and  of 
each  incorporated  town  and  city  to  notify,  in  writing,  the  clerk  of 
the  county  court  in  the  county  within  which  the  school  district, 


SCHOOL   LAWS   OF   OREGON,  « 

town,  or  city  is  respectively  situate,  of  the  rate  per  cent  of  the  tax   Feb. 21. 1893. 
levy  made  by  it  on  or  before  the  first  day  of  February  in  each 
year,  which  notice  shall  be  kept  on  file  by  the  several  clerks,  and 
remain  a  part  of  the  records  of  the  office. 

Section  S.  After  all  the  notices  provided  for  in  the  last  preceding 
section  shall  have  been  received  by  the  several  clerks  of  the  county 
courts,  it  shall  be  the  duty  of  said  clerks  to  compute  upon  the  levy 
made  the  tax  upon  the  property  on  each  individual  assessed  in  any 
school  district,  town  or  city,  and  to  extend  the  same  by  entering 
the  aggregate  tax  of  each  individual  in  the  appropriate  columns 
opposite  the  last  item  of  property  assessed  to  such  individual. 

Section  6.  That  all  such  taxes  shall  be  collected  by  the  same 
officer,  in  the  same  manner,  and  at  the  same  time  as  taxes  for 
county  purposes  are  collected.  That  it  shall  be  the  duty  of  the 
tax  collector  to  pay  to  the  county  treasurerin  his  county  as  often 
as  once  each  week  all  taxes  collected,  and  he  shall  inform  the 
treasurer  whenever  he  paj'^s  over  to  him  any  of  the  money  so  col- 
lected, what  amounts  thereof  are  to  be  credited  to  the  several  funds 
for  which  they  are  respectively  collected,  taking  the  receipt  of  the 
treasurer  in  triplicate  for  the  amount  paid  into  each  fund,  one  of 
which  receipts  for  each  fund  he  shall  retain,  file  one  with  the 
clerk  of  the  county  court,  and  furnish  one  to  the  school  district, 
town,  or  city  for  which  each  of  such  amounts  are  so  paid  in. 

Section  7.  The  treasurer  shall  keep  the  moneys  received  from 
the  tax  collector  in  separate  funds,  and  shall  pay  the  same  over  to 
the  several  school  districts,  towns,  or  cities  upon  demand  made  by 
them  the  amounts  thereof  to  which  they  are  respectively  entitled, 
taking  their  receipts  therefor. 

Section  8.  That  section  2794  of  the  general  laws  of  Oregon,  as 
compiled  and  annotated  by  William  Lair  Hill,  be,  and  the  same  is 
hereby  amended  to  read  as  follows : — 

Sec.  2794.  The  county  clerk  of  each  county  within  this  State 
shall  within  fifteen  days  after  the  apportionment  of  taxes  make  a 
certificate  of  the  several  amounts  apportioned  to  be  assessed  upon 
the  taxable  property  in  his  county  for  State,  county,  general  and 
special  school,  military,  university,  and  town,  city,  or  other  pur- 
poses for  which  a  tax  may  have  been  legally  levied,  and  deliver 
the  same  to  the  sheriff  of  the  county,  together  with  a  transcript  of 
the  assessment  roll,  to  which  shall  be  attached  a  warrant  in  the 
name  of  the  State  of  Oregon,  under  his  hand  and  the  seal  of  the 
county  court,  commanding  the  sheriff  to  collect  the  taxes  charged 
in  such  list,  and  to  make  the  same  by  sale  of  the  goods  and  chat- 
tels of  the  respective  persons  named  in  such  list,  if  necessary ;  and 


64  SCHOOL   LAWS    OF   OREGON. 

Feb.  21, 1893^  that  he  pay  over  all  money  collected  by  him  by  virtue  of  such 
warrant  to  the  county  treasurer  and  return  such  warrant,  together 
with  the  list  aforesaid,  and  entries  thereon  of  all  payments  to  him 
to  the  county  court  on  or  before  the  first  Monday  of  April  next 
ensuing  the  date  thereof;  provided^  the  sheriff,  before  entering  on 
the  duties  of  collection  of  taxes,  shall  execute  an  additional  bond 
in  such  sum  as  the  county  court  of  the  county  may  direct. 

Section  9.  That  all  laws  providing  for  assessors  in  or  assess- 
ments of  property  by  any  school  district,  incorporated  town,  or 
city,  and  all  laws  in  conflict  herewith  be  and  the  same  are  hereby 
repealed.  Inasmuch  as  it  is  necessary  the  changes  provided  for  in 
this  act  shall  be  made  as  soon  as  possible,  this  act  shall  take  effect 
from  and  after  its  approval  by  the  Governor, 


Appendix. 


Containing  Rules  and  Regulations  for  the  Government  of  School  Officers; 
Blank  Forms  for  the  use  of  School  Districts  and  District  Officers ; 
Constitution  of  Oregon;  Normal  Institute  Programme;  Sug- 
gestions for  the  use  of  School  Officers,  Etc, 


RULES  AND  REGULATIONS. 


CHAPTER  II. 


Rules  and  regulations  for  the  government  of  public  schools  and  school 
officers  in  Oregon,  made  in  pursuance  of  section  17,  subdivision  2,  of  the 
Oregon  school  laws,  which  reads  as  follows:  "The  State  board  shall  have 
power  (2)  to  prescribe  a  series  of  rules  for  the  government  of  public  schools 
that  shall  secure  regularity  of  attendance,  prevent  truancy,  secure  and  pro- 
mote the  real  interests  of  the  schools."  Revised  January  3,  1881;  January  1, 
1885;  May  2,  1887;  September  13,  1889;  November  8,  1889. 


SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 

RULE  I. 

The  Superintendent  of  Public  Instruction  shall  issue  to  the  several  county  superintendents,  in 
time  for  the  public  examination  of  teachers,  on  the  second  Wednesday  of  February,  May,  August, 
and  November  of  each  year,  printed  lists  of  uniform  questions,  prepared  by  the  State  board  of 
examination  for  use  at  those  examinations,  in  accordance  with  the  rules  hereinafter  prescribed 
for  the  government  of  county  superintendents. 

•     APPEALS. 

RULE  II. 

Any  person  aggrieved  by  any  decision  or  order  of  the  district  board  of  directors  In  any  matter 
of  law  or  of  facts  (pertaining  to  his  school  district)  may,  within  ten  days  after  the  rendition  of 
such  decision  or  the  making  of  such  order,  appeal  therefrom  to  the  county  superintendent  of  tlie 
county ;  promded  further,  that  this  right  of  appeal  shall  be  open  to  all  In  relation  to  all  school  diffi- 
culties and  complications  occurring  in  school  districts. 

RULE  III. 
The  basis  of  the  proceeding  shall  be  a  complaint,  filed  by  the  party  aggrieved  with  the  county 
superintendent,  within  the  time  for  taking  the  appeal. 

RULE  IV. 
The  complaint  shall  set  forth  the  errors  complained  of  in  a  plain  and  concise  manner. 

RULE  V. 

The  county  superintendent  shall,  within  ten  days  after  the  filing  of  such  complaint  in  his 
office,  notify  the  clerk  of  the  proper  district,  in  writing,  of  the  taking  of  such  appeal,  and  the 
latter  shall,  within  ten  days  after  being  thus  notified,  file  in  the  office  of  the  county  superintend- 


68  RULES  AND   REGULATIONS. 

ent  a  complete  transcript  of  the  record  and  proceedings  relating  to  the  decision  complained  oi 
which  transcript  shall  be  certified  to  be  correct  by  the  clerk  of  the  district. 

RULE  VI. 

After  the  filing  of  the  transcripts  aforesaid  in  his  office,  the  county  superintendent  shall  notifj 

in  writing,  all  persons  adversely  interested  of  the  time  and  place  where  the  matter  of  appeal  wi 

be  heard  by  him. 

RULE  VII. 

At  the  time  thus  fixed  for  the  hearing,  he  shall  hear  and  receive  testimony  for  either  partj 

and  for  that  purpose  may  administer  oaths  if  necessary  ;  and  he  shall  make  such  decision  as  ma 

be  just  and  equitable,  which  shall  be  final,  unless  appealed  from  as  provided  in  the  followin 

rule: 

RULE  VIII. 

An  appeal  may  be  taken  from  the  decision  of  the  county  superintendent  to  the  Superintender 
of  Public  Instruction,  in  the  same  man'ner  as  provided  for  taking  appeals  from  the  district  boar 
to  the  county  superintendent,  as  nearly  as  applicable,  except  that  he  shall  give  twenty  day. 
notice  of  the  appeal  to  the  county  .superintendent,  and  the  like  notice  shall  be  given  the  advers 
party.  And  the  decision  when  made  shall,  so  far  as  the  school  department  is  concerned,  be  fina 
This  right  of  appeal  shall  apply  to  all  cases,  except  as  hereinafter  provided,  and  in  any  case  ( 
sufficient  importance  the  Superintendent  of  Public  Instruction  may  bring  the  matter  before  th 
State  board  of  education  for  determination.  \ 

TEACHERS'   EXAMINATIONS. 

RULE  IX, 

At  the  public  quarterly  examination  of  teachers  provided  by  law,  the  county  superintender 
shall  use  the  uniform  questions  furnished  by  the  State  Superintendent,  and  the  signatures  of  a 
assisiant  examiners  shall  appear  on  all  certificates  issued  at  these  examinations. 

RULE  X. 

The  county  board  of  education  shall  hold  its  regular  public  quarterly  examination  of  appli 
cants  for  teachers' certificates  on  the  second  Wednesday  of  February,  May,  August,  and  Novem 
ber.    The  hour  of  opening  the  session  of  the  board  shall  be  1  o'clock  P.  M. 

RULE  XL 

All  questions  for  the  public  quarterly  examinations  shall  be  forwarded  to  each  county  supei 
intendent,  who  shall  have  exclusive  charge  of  said  questions  until  the  examination  is  commencet 
and  the  questions  shall  not  be  opened  except  in  the  presence  of  the  board  of  examiners  at  th 
time  of  beginning  each  public  quarterly  examination. 

RULE  XII. 
Two  (2)  members  shall  constitute  a  quorum  for  the  transaction  of  business. 

RULE  XIII. 
Applicants  shall  not  be  admitted  to  the  examination  who  were  absent  at  its  opening. 

RULE  XIV. 

No  applicant  shall  be  allowed  to  leave  the  room  or  communicate  with  any  person  during  th 
examination,  except  by  special  permission  of  the  president. 

RULE    XV. 

All  applicants  shall  begin  in  a  given  subject  at  the  same  time,  and  no  recess  shall  be  take 

until  that  .subject  is  finished. 

RULE   XVI. 

A-pplicants  are  required  to  answer  in  complete  sentences,  as  far  as  practicable.  Full  credi 
will  be  given  only  when  answers  are  correct  in  fact  and  in  form. 


RULES  AND  REGULATIONS.  69 

RULE    XVII. 
No  applicant  shall  be  permitted  to  have  a  textbook  in  his  possession  durinu  the  hours  of 
examination. 

RULE   XVIII. 

All  applicants  must  endorse  their  papers  with  their  number*  and  the  name  of  the  subject  and 
date  of  examination  ;  and  all  entries  on  the  record  book  kept  by  the  county  superintendent  for 
this  purpose  shall  be  made  on  these  numbers  only.  The  names  of  the  applicants  shall  not  be 
entered  upon  the  register  until  the  close  of  the  examination  ;  but  shall,  with  the  number  and  the 
name,  be  entered  at  the  beginning  of  the  examination  on  blank  cards,  which  shall  be  kept  in  a 
sealed  envelope  till  the  close  of  the  examination. 

RULE   XIX. 

No  member  of  the  board  shall  communicate  to  any  one  the  standing  of  any  applicant  on  any 

study  during  the  examination. 

RULE   XX. 

Every  applicant,  before  receiving  his  certificate,  must  subscribe  to  the  following :  I  do  hereby 
certify  that  prior  to  this  examination  I  had  no  knowledge  of  the  questions  proposed,  and  have 
neither  given  nor  received  any  aid  during  the  progress  of  the  same. 

RULE  XXI. 

In  examinations  for  permits,  the  county  superintendents  shall  not  use  the  same  questions  as 
at  the  last  preceding  public  examination,  but  questions  of  the  same  grade  and  number  shall  be 
used. 

RULE   XXII. 

Examinations  of  teachers  shall  in  every  case  be  conducted,  as  far  as  passible,  in  writing ;  and 
the  questions  and  answers,  endorsed  with  the  candidate's  name  and  the  date  of  the  examina- 
tions, shall  be  filed  in  the  ofiftce  of  the  county  superintendent  and  kept  as  a  part  of  its  permanent 

records. 

RULE   XXIII. 

County  superintendents  must  require  all  applicants  for  teachers'  certificates,  who  are  not 
personally  known  to  them  to  be  of  good  moral  character,  to  present  satisfactory  written  testimo- 
nials to  that  effect  from  two  or  more  persons  of  respectable  standing.  Such  testimonials  shall  be 
filed  with  the  examination  papers,  and  shall  remain  permanently  in  the  office  of  the  superin- 
tendent. 

RULE   XXIV. 

The  county  superintendent  may  revoke  any  certificate  obtained  by  fraud  or  misrepresentation 

as  to  the  character  of  the  applicant,  or  when  the  holder  has  been  guilty  of  gross  immorality  since 

the  certificate  was  granted.    But  no  certificate  shall  ^e  revoked  unless  the  holder  shall  have  been 

duly  notified  of  the  charges  against  him,  and  shall  have  had  opportunity  to  defend  himself 

against  them,  nor  unless  the  charges  shall  have  been  fully  proved ;  provided,  that  in  all  cases 

where  personal  acknowledgment  of  guilt  is  made  by  the  holder,  the  certificate  may  be  annulled 

without  trial. 

RULE  XXV. 

The  action  of  the  county  superintendent  in  revoking  a  certificate  because  of  the  immoral  con- 
duct upon  the  part  of  the  holder,  is  subject  to  an  appeal  to  the  county  board  of  examiners,  sitting 
for  that  purpose,  and  the  decision  in  such  case,  when  reached,  shall  be  final. 

RULE  XXVI. 

The  county  superintendent  is  hereby  authorized  to  convene  the  county  board  of  examiners, 
for  the  purpose  of  hearing  appeals,  conducting  public  examinations,  or  for  the  consideration  ol 
all  questions  that  may  advance  the  best  interests  of  the  public  schools  in  his  county.  The  meet- 
ings of  the  board  shall  be  held  at  such  time  and  place  in  the  county  as  may  be  deemed  most 
expedient  by  the  county  superintendent ;  provided,  that  the  public  quarterly  examinations  shall 
be  held  as  provided  in  section  25  of  the  school  law. 


70  RULES  AND   REGULATIONS. 

RULE  XXVII. 

In  any  case  where  a  certificate  has  been  revoked  as  set  forth  in  rule  XIV.,  no  certificate  shall 
be  granted  to  the  same  person  in  the  same  county,  or  in  any  other  county  in  the  State,  within 
three  months  from  date  of  revocation,  unless  the  decision  of  the  county  superintendent  in  revok- 
ing the  certificate  shall  have  been  duly  reversed  on  appeal  to  the  county  board  of  examiners. 

RULE  XXVIII. 

In  every  instance  where  an  appeal  is  taken  from  the  decision  of  the  county  superintendent, 
the  appellant  shall  give  due  notice  ( in  writing )  to  the  county  superintendent  of  his  intention  in 
the  premises  similarly  and  within  the  same  time  as  specified  for  school  district  appeals  in  rule 
II.  Within  ten  days  after  such  notice  has  been  received,  the  county  superintendent  may  cause 
the  county  board  of  examiners  to  be  convened  for  the  purpose  of  hearing  the  appeal.  The 
county  superintendent  may  require  the  attendance  of  the  appellant  and  all  important  witnesses, 
in  case  the  same  is  deemed  advisable  for  the  more  intelligent  and  equitable  examination  of  the 
appeal.  Copies  of  written  testimony,  aflBdavits,  etc.,  pertaining  to  the  examination  of  the  appeal, 
shall  be  kept  on  file  in  the  oflace  of  the  county  superintendent. 

RULE  XXIX. 

In  case  an  applicant  for  a  certificate  believes  that  the  county  superintendent  has  done  him  an 

injustice  upon  examination,  he  shall  have  the  right  to  appeal  to  the  Superintendent  of  Public 

Instruction.    In  case  the  applicant  intends  to  appeal  to  the  Superintendent  of  Public  Instruction, 

he  shall  within  ten  days  after  said  examination  notify  the  county  superintendent,  in  writing,  of 

his  intention.    Within  ten  days  after  such  notice,  the  county  superintendent  shall  transmit  to 

the  Superintendent  of  Public  Instruction  the  notice  of  appeal  and  the  questions  used  at  the 

examination,  together  with  the  candidate's  answers  thereto.    All  of  said  papers,  except  the 

notice  of  appeal,  must  be  returned  to  the  county  superintendent  as  soon  as  the  appeal  is 

determined. 

RULE  XXX. 

The  Superintendent  of  Public  Instruction  shall  have  the  right  to  grant  certificates  only  upon 
appeal  from  county  superintendents,  and  then  only  in  case  it  appears  that  the  county  superin- 
tendent has  done  the  candidate  substantial  injustice  in  the  immediate  examination  and  in  the 
grade  awarded  by  him  ;  provided,  that  the  Superintendent  of  Public  Instruction  may  require  the 
appellant  to  pass  such  additional  examination  on  any  or  all  of  the  branches  upon  which  the 
appeal  is  based  as  he  may  deem  right  and  proper  in  the  premises. 

RULE  XXXI. 

The  Superintendent  of  Public  Instruction,  in  conjunction  with  the  State  board  of  examiners 
(or  such  of  them  as  he  may  call  to  his  assistance),  shall  have  the  right  to  decide  all  appeals  from 
county  superintendents  relative  to  examinations  set  forth  in  rules  XXIX.  and  XXX.  No  appeals 
shall  be  heard  unless  notice  thereof,  in  writing,  shall  have  been  first  given  to  the  county  superin- 
tendent by  the  person  appealing,  within  ten  days  from  the  date  of  the  examination,  nor  unless  a 
copy  of  such  notice  shall  have  been  transmitted,  with  the  papers  relating  to  the  case,  to  the  Super- 
intendent of  Public  Instruction. 

TEACHERS. 

RULE  XXXII. 

The  teachers  in  the  public  schools  of  the  State  may  dismiss  all  pupils  under  eight  years  of  age 

after  a  four  hours'  session  each  day,  or,  where  that  is  not  practicable,  may  allow  to  pupils  of  that 

age  recesses  of  such  length  that  the  actual  confinement  in  the  schoolroom  shall  not  exceed  three 

hours  and  a  half  per  day. 

RULE  XXXIIL 

Teachers  shall  exercise  watchful  care  and  oversight  over  the  conduct  and  habits  of  the  pupils, 
not  only  during  school  hours,  but  also  at  the  recesses  and  intermissions,  and  while  going  to  and 
returning  from  school. 


RULES  AND  REGULATIONS.  71 

RULE  XXXIV. 
It  is  expected  that  a  strict  and  wholesome  discipline  will  be  constantly  maintained  in  all 
public  schools;  but  teachers  are  cautioned  against  displays  of  ill-temper  and  undue  severity  in  the 
schoolroom. 

RULE  XXXV. 

In  any  case  of  misconduct  or  insubordination,  when  the  teacher  deems  it  necessary  for  the 
good  of  the  school,  he  may  suspend  a  pupil,  and  shall  immediately;notify  the  directors  of  the  dis- 
trict thereof.  The  directors  shall  forthwith  meet  and  consider  the  matter,  and  if  they  approve  the 
action  of  the  teacher  and  think  the  case  calls  for  further  punishment,  they  may  expel  the  pupil 
from  the  school. 

RULE  XXXVI. 

Teachers  in  the  public  schools  shall,  to  the  utmost  of  their  ability,  inculcate  in  the  minds  of 
their  pupils  correct  principles  of  morality,  and  a  proper  regard  for  the  laws  of  society,  and  for  the 
government  under  which  they  live. 

RULE  XXXVII. 

Every  public-school  teacher  shall  give  vigilant  attention  to  the  temperatnre  and  ventilation 
of  the  schoolroom,  and  shall  see  that  the  doors  and  windows  are  open  at  each  intermission,  for 
the  purpose  of  changing  the  atmosphere  of  the  room.  He  shall  require  his  pupils  to  take  proper 
exercise,  and  shall  encourage  healthful  play  at  recesses,  but  he  shall  strictly  prohibit  all  dan- 
gerous and  immoral  games  and  amusements. 

RULE  XXXVIII. 

Teachers  shall  have  the  right,  and  it  shall  be  their  duty,  within  reasonable  limits,  to  direct 
and  control  the  studies  of  their  pupils;  to  arrange  them  in  proper  classes,  and  to  decide,  subject 
to  these  rules,  what  and  how  many  studies  each  shall  pursue. 

RULE  XXXIX. 

In  all  ordinary  ungraded  district  schools  in  the  State,  where  there  are  pupils  of  the  proper  age 
and  degree  of  advancement,  classes  may  be  organized  and  kept  up  in  the  following-named  studies, 
to  wit:  First,  second,  third,  fourth,  and  fifth  readers;  orthography  (embracing  pronunciation  and 
word  analysis);  penmanship;  primary,  elementary  (mental)  and  practical  arithmetic;  elementary 
and  comprehensive  geography;  beginners'  and  advanced  grammar;  United  States  history;  elemen- 
tary natural  science;  common-school  literature;  citizenship;  physiology  and  hygiene,  and  vocal 
music,  In  such  schools  no  branches  additional  to  these  shall  be  taught,  unless  the  directors  so 
order  by  positive  vote;  and  in  no  case  shall  teachers  neglect  the  classes  pursuing  the  above-named 
studies  in  order  to  make  room  for  any  additional  branches.  In  high  schools  and  other  schools  of 
advanced  grades,  the  following-named  studies  may  be  taught  in  addition  to  those  above-men- 
tioned, to  wit:  Algebra,  astronomy,  geometry,  geology,  general  history  (advanced),  composition, 
physiology  and  hygiene,  natural  philosophy,  chemistry,  botany,  book-keeping,  and  science  of  gov- 
ernment, and  vocal  music;  provided,  that  the  State  series  of  textbooks,  as  set  forth  in  rule  XL.,  and 
no  others,  shall  be  used.  Nothing  in  this  rule  shall  be  so  construed  as  to  prohibit  or  prevent 
teachers  from  introducing  into  their  schools  such  oral  instructions  and  "  object  lessons  "  as  they 

may  deem  necessary  or  suitable. 

RULE  XL. 

The  following  is  a  complete  list  of  the  textbooks  adopted  by  vote  of  the  county  superintend- 
ents for  use  in  the  public  schools  of  this  State,  and  are  classified  as  follows  :— 

FOR  PRIMARY  AND  INTERMEDIATE  GRADES. 

Orthography  — W&tson's  Child's  Speller,  Watson's  Complete  Speller,  Swinton's  Model  Word 
Blanks,  Maneon's  Spelling  Blanks,  and  Swinton's  New  Word  Analysis. 
Pronunciation— Webster's  Dictionaries. 


72  RULES  AND   REGULATIONS. 

Reading— The  New  National  Series,  consisting  of  the  First,  Second,  Third,  Fourth,  and  Fifth 
Readers. 

PcnmawsAip— Spencerian  System  and  Copy  Books. 

Arithmetics— Fiper's  Seat  Work,  Fish's  Written  Arithmetics  Nos.  1  and  2,  and  Brook's  Normal 
Mental  Arithmetic. 

Descriptive  Geography— Monteith's  Elementary  Geography  and  Montelth's  Comprehensive- 
Geography  (both  Pacific  Coast  editions). 

Grawmar— Language  Lessons— Short  Studies  in  English,  Sill's  Grammar,  and  Clark's  Normal 
Grammar. 

History— B&mes'  Primary  History  and  Barnes^  Brief  History  of  the  United  States. 

Science—  Monteith's  Popular  Science. 

li/ero/ttrg— Westlake's  Common  School. 

Dramnp— White's  Industrial— Primary  and  Intermediate  Numbers. 

Vocal  Music— Jjoomik'  Series,  Nos.  1,  2,  and  3. 

NaiuralHistory  —  Tenney's  Elementary. 

Physiology  and  Hygiene  — Smiih's  Series  of  Primary  Textbooks. 

FOR  HIGH  SCHOOLS  AND  ADVANCED  SCHOOLS. 

Arithmetic— Brool^a'  Normal  Mental  and  Fish's  Written  Arithmetic,  2d  part. 

^^fireftra— Robinson's  Algebra.  \ 

Geometry  and  Trigonometry — Robinson's. 

Geography— Guy  ot'sFhysic&l. 

Grammar — Clark's  Normal  Grammar. 

History— B&rnes'  General  History. 

Composifo'on — Bardeen's. 

Physiology— Steele's  Fourteen  Weeks. 

Citizenship— Young's  Government  Classbook.  ■  '         - 

Book-keeping— BTy&nt  &  Stratton's. 

Biisiness  Forms— WsLTd's. 

Drawing— White's  Advanced  Numbers  in  Drawing. 

VbcoZ  iftiisic—Loomis' Nos.  4  and  5. 

Letter  TTn'/m^— Westlake's. 

CAewm/n/— Steele's  Fourteen  Weeks. 

Natural  Philosophy— Steele's  Fourteen  Weeks. 

JSotony— Steele's  Fourteen  Weeks. 

Astronomy  —  Steele's. 

Geology- Steele's. 

RULE  XLI. 

In  primary  schools  where  it  is  deemed  necessary  to  begin  instruction  in  reading  of  easier  grade 
than  the  First  Reader,  charts  may  be  used  for  that  purpose. 

RULE  XLII. 
Every  teacher  in  the  public  schools  shall  prepare  at  the  beginning  of  each  term  a  programme 
of  daily  exercises  and  recitations,  and  post  the  same  in  a  convenient  place  in  the  schoolroom  for 
the  benefit  of  the  school. 

RULE  XLIII. 

Every  teacher  in  the  public  schools  shall  be  provided  by  the  board  of  directors  with  a  school 
register,  in  which  he  shall  carefully  note  the  attendance  and  standing  of  his  pupils.  At  the  close 
of  the  school  the  teacher  shall  deposit  the  same  with  the  clerk  of  the  district,  who  shall  preserve 
the  same  along  with  the  other  books  and  papers  belonging  to  his  office  for  inspection. 


RULES  AND  REGULATIONS,  75 

RULE  XLIV. 
At  the  close  of  every  term  of  school  the  teacher  shall  thoroughly  examine  his  pupils  in  the 
studies  of  the  term,  using  written  questions  and  requiring  written  answers  whenever  practicable  ;. 
and  the  standing  of  each  pupil  in  examination  shall  be  noted  accurately  upon  the  school  register. 

RULE  XLV. 
Teachers  are  authorized  to  require  excuses  from  the  parents  or  guardians  of  pupils,  either  ii> 
person  or  by  written  note,  in  all  cases  of  absence  or  tardiness  or  dismissal  before  the  close  of  the- 
school,  and  no  excuse  shall  be  deemed  valid  except  that  of  sickness  or  necessary  employment. 
The  teacher  shall  be  the  judge  of  the  sufficiency  of  excuses,  subject  to  an  appeal  to  the  directors ; 
provided,  that  boards  of  directors  may,  by  formal  adoption,  change  the  character  of  the  excuses 
which  shall  be  deemed  valid  in  compliance  with  the  powers  of  directors  as  set  forth  in  subdivlsioa- 
12,  section  37,  of  the  Oregon  school  laws, 

RULE  XLVI. 

Whenever  the  unexcused  absences  of  any  pupil  during  any  term  shall  amount  in  the  aggre- 
gate to  seven  days,  he  shall  be  reported  to  the  directors,  and  the  teacher  may  suspend  him  until 
the  opinion  of  the  directors  can  be  taken.  For  this  purpose  an  unexcused  absence  or  tardiness  for 
a  half  day  or  less  or  for  more  than  one  hour  at  any  one  time  shall  be  deemed  a  half  day's  absence  ;_ 
and  such  absence  or  tardiness  for  more  than  half  a  day  at  one  time  shall  be  reckoned  as  an  absence 
for  a  whole  day ;  provided,  that  boards  of  directors  may  establish  a  less  time  of  absence  or  tardi- 
ness as  cause  for  suspension  or  expulsion,  which  shall  be  deemed  valid  in  compliance  with  the 
powers  of  directors,  as  set  forth  in  subdivision  12,  section  37,  of  the  Oregon  school  laws. 

RULE  XLVII. 

The  names  of  all  those  pupils  of  the  public  schools  of  this  State  who,  at  the  close  of  any  term, 
shall  be  found  to  have  been  neither  absent  nor  tardy  during  the  term,  and  who  have  maintained 
correct  deportment,  shall  be  inscribed  by  the  teacher  upon  suitable  rolls  of  honor  and  displayed^ 
in  some  prominent  and  safe  place  in  the  schoolroom. 

RULE  XLVIII. 

The  teacher  of  every  public  school  shall,  at  the  close  of  each  term,  make  out  and  transmit  to 

the  county  superintendent  a  written  report  according  to  such  form  as  may  be  furnished  by  the 

State  board  of  education,  and  file  a  duplicate  copy  of  the  same  with  the  district  clerk.    In  schools 

having  more  than  one  teacher,  the  principal  alone  must  report ;  but  such  report  most  include  the 

statistics  for  the  whole  school. 

RULE  XLIX. 

Teachers  in  the  public  schools  in  this  State  are  required  to  attend  all  teachers'  institutes  held: 
under  authority  of  law  in  the  counties  where  they  reside ;  provided,  that  they  shall  be  required  to- 
attend  the  annual  institute  in  their  county  in  each  year.  For  non-attendance  of  any  teacher  at 
the  institute  without  a  good  and  sufficient  reason,  the  county  superintendent  is  hereby  authorized 
to  lower  the  grade  of  his  or  her  certificate,  or  revoke  the  same,  in  his  discretion.  School  directors 
are  required  to  allow  their  teachers  two  days  of  actual  school  service  for  such  attendance,  with- 
out any  deduction  from  their  wages,  and  without  requiring  them  afterwards  to  make  up  the  time 

so  spent. 

RULE  L. 

In  all  public  schools  in  this  State  the  teachers  shall  require  of  their  pupils  regular  stated 
exercises  in  composition  and  declamation. 

RULE  LI. 

In  all  schools  where  there  are  primary  pupils,  it  is  recommended  that  exercises  in  free  gym- 
nastics and  suitable  voice  and  "breathing  exercises"  be  given  daily. 


74.  RULES  AND  REGULATIONS. 

PUPILS. 

RULE  LII. 

No  pupil  shall  be  allowed  to  retain  connection  with  any  public  school  unless  provided  with 
books,  slate,  and  other  things  required  to  be  used  in  the  classes  to  which  he  is  assigned  ;  but  no 
pupil  shall  be  excluded  for  this  cause,  unless  the  teacher  shall  have  given  one  week's  previous 
notice  to  his  parents  or  guardians  of  the  articles  needed.  Indigent  pupils  may  be  supplied  with 
books,  etc.,  at  the  expense  of  the  district  if  the  directors  so  order. 

RULE  LIU. 

Pupils  affected  with  contagious  diseases  shall  not  be  allowed  to  remain  in  any  of  the  public 

schools. 

RULE  LIV. 

Every  pupil  is  required  to  attend  school  punctually  and  regularly ;  to  conform  to  the  regula- 
tions of  the  schools,  and  to  obey  promptly  all  the  directions  of  the  teacher ;  to  observe  good  order 
and  propriety  of  deportment ;  to  be  diligent  in  study,  respectful  to  teachers,  and  kind  and  obliging 
to  schoolmates ;  to  refrain  entirely  from  the  use  of  profanity  and  vulgar  language,  and  to  be  clean 

and  neat  in  person  and  clothing,         * 

RULE  LV. 

Any  pupil  who  shall,  in  any  way,  cut  or  otherwise  injure  any  schoolhouse,  or  injure  any 
fence,  trees,  or  outbuildings  belonging  to  any  school,  or  shall  write  any  profane  or  obscene  lan- 
guage, or  make  any  obscene  pictures  on  the  school  premises,  shall  be  liable  to  suspension,  expul- 
sion, or  other  punishment,  according  to  the  nature  of  the  offense. 

RULE  LVI. 

That  portion  of  these  rules  and  regulations  pertaining  to  the  duties  and  privileges  of  teachers 
and  pupils  shall  be  read  and  explained  by  the  teacher,  in  the  presence  of  the  school,  at  least  once 
--during  each  school  term. 

SYLVESTER  PENNOYER, 

Governor. 
GEO.  W.  McBRIDE, 

Secretary  of  State. 

E.  B.  Mcelroy, 

Sup't  of  Public  Instruction. 
State  Board  of  EDUCATioir. 


BLANK  FORMS. 


CHAPTER  HI. 


FORM    NO.    1. 
Forfa  of  petition  asking  for  the  organization  of  a  new  school  district :— 

: ,18-- 

To  the  Honorable  County  Superintendent  of County,  Oregon  : 

The  undersigned,  legal  voters  and  residents  within  the  territory  with  boundaries  as  herein 
indicated,  do  respectfully  ask  that  you  establish  and  constitute  a  school  district  with  boundaries 

as  follows,  to  wit : [here  give  the  boundaries], 

the  same  to  constitute  and  be  known  hereafter  as  school  district  No of county, 

Oregon,  and  your  petitioners  will  ever  pray. 


Names. 


Names. 


FORM  NO.   2. 
Form  for  the  organization  of  a  new  school  district  :— 

In  pursuance  of  a  petition  now  on  file  in  this  office,  it  is  hereby  ordered  and  determined  that 

the  territory  included  within  the  boundaries  described  as  follows,  to  wit: 

{here  describe  the  boundaries  of  the  district],  shall  hereafter  constitute  a  school  district  to  be 
known  as  school  district  No of county,  Oregon. 

Given  under  my  hand  this day  of ,  A.  D.  18 ,  at ,  Oregon. 

County  School  Superintendent. 

FORM  NO.  3. 
Form  of  county  superintendent's  notice  to  taxable  inhabitant  of  newly 
organized  school  district : — 

A B : 

Dear  Sir— You  are  hereby  notified  of  the  organization  of  school  district  No of _ 


70  BLANK  FORMS. 

county,  Oregon,  with  boundaries  as  follows,  to  wit: [here- 

give  boundaries.] 

You  are  hereby  authorized  and  directed  to  write  and  post  up  immediately  three  notices  in  a& 
many  different  public  places  in  said  district,  notifying  the  legal  voters  thereof  to  assemble  at  a. 
specified  hour  of  a  certain  day  at  some  convenient  place  for  the  purpose  of  organizing  and  electing 
three  directors  and  a  clerk,  and  for  the  transaction  of  such  other  business  as  may  be  in  conformity 
with  the  provisions  of  the  Oregon  school  law,  giving  at  least  ten  days'  notice  of  such  meeting. 


County  School  Superintendent. 


FORM  NO.  4. 


Form  of  notice  calling  a  meeting  to  organize  a  newly  established  school 
district : — 

NOTICE  OF  SCHOOL  MEETING. 

By  authority  received  from  the  county  school  superintendent  of  this  county,  and  in  pursuance 
of  section  30  of  the  Oregon  school  law,  notice  is  hereby  given  to  all  legal  voters  of  school  district 

No of county,  Oregon,  to  meet  at  the  hour  of o'clock on  the day 

of ,  A.  D.  18 ,  at  the  residence  of __, ,  for  the  purpose 

of  electing  three  directors  and  a  clerk,  and  for  transacting  such  otiier  business  as  the  meeting  may 

determine.    The  boundaries  of  said  district  are  as  follows : [here 

give  the  boundaries.] 

Done  this day  of ,  A.  D.  18 

.      A B 

A  Legal  Voter  of  School  District  No 


FORM  NO.  5. 

Form  of  oath  to  be  administered  to  the  directors  and  clerks  before  entering^ 
upon  the  duties  of  their  office  :— 

You  do  solemnly  swear  that  you  will,  during  your  term  of  office,  discharge  the  duties  o 

[director  or  clerk,  as  the  case  may  be]  of  school  district  No of county, 

Oregon,  in  accordance  with  the  requirements  of  law,  and  for  the  best  interests  of  the  district,  to- 
the  best  of  your  ability.    So  help  you  God. 

Note. —  This  oath  of  office  may  be  administered  by  the  chairman  of  the 
meeting,  or  by  any  one  he  may  designate  for  that  purpose. 


FORM  NO.  6. 

Form  of  petition  for  the  organization  of  a  joint  school  district  lying  partly 
in  tw«  or  more  counties :— 

,18 

The  undersigned,  legal  voters  and  residents  within  the  territory  with  boundaries  as  described 
herein,  do  respectfully  ask  that  you  set  off  and  constitute  a  part  of  a  school  district  the  territory 

situate  in county,  Oregon,  and  bounded  as  follows,  to  wit: [here 

give  the  boundary],  the  same  to  constitute  a  part  of  a  joint  school  district  of 

and counties,  Oregon,  and  to  be  known  hereafter  as  joint  school  district  No 

of and counties,  ;Oregon,  and  your  petitioners  will  ever  pray. 


BLANK  FORMS.  77 


Names. 

Names. 



. 

FORM  NO.  7. 
Form  of  notice  for  calling  annual  school  meeting: — 

ANNUAL  SCHOOL  MEETING. 

Notice  is  hereby  given  to  the  legal  voters  of  school  district  No of county, 

Oregon,  that  the  annual  school  meeting  for  said  district  will  be  held  at ,  to 

begin  at  the  hour  of o'clock  on  the  first  Monday,  being  the day  of  March, 

A.  D. 18 

This  meeting  is  called  for  the  purpose  of  electing [here 

mention  the  officers  to  be  elected,  and  the  length  of  time  each  is  to  serve],  and  the  transaction  of 

the  business  usual  at  such  meeting. 

Dated  this day  of A.  D.  18 

A B -. 

District  Clerk. 

Note. —  This  notice  should  be  posted  in  at  least  three  public  places  in  the 
district  at  least  ten  days  before  the  day  appointed  for  the  meeting.  If  it  is 
desirable  to  levy  a  tax  on  the  district,  for  any  object  whatever,  this  should  be 
stated  in  the  notice,  and  if  any  other  matters  of  vital  importance  to  the  district 
are  to  be  brought  before  the  meeting  for  its  consideration,  they  should  be  men- 
tioned in  the  call. 

FORM  NO.  8. 

Form  of  bond  required  by  directors  of  district  clerk,  and  to  be  filed  with 
the  directors  :— 

Know  all  men  by  these  presents,  that  we,  E F ,  clerk  of  school  district  No 

^f county.  State  of  Oregon,  and  L M and  P Q ,  his  sureties, 

are  held  and  firmly  bound  unto  said  school  district  in  the  sum  of. [here 

insert  a  sum  of  double  the  amount  to  come  into  the  clerk's  hands,  as  nearly  as  can  be  ascertained], 
to  be  paid  to  said  school  district,  for  the  payment  of  which,  well  and  truly  to  be  made,  we  bind 
ourselves,  our  heirs,  executors,  and  administrators,  jointly  and  severally,  firmly  by  these  presents. 
Sealed  with  our  seals,  and  dated  this day  of ,  A.  D.  18 

The  condition  of  the  above  obligation  is  such  that  if  the  said  E F ,  clerk  as  aforesaid, 

shall  faithfully  discharge  the  duties  of  his  office  as  clerk  of  said  school  district,  and  shall  well  and 
truly  pay  over  to  the  person  or  persons  entitled  therein,  upon  the  proper  order  therefor,  all  sums 
of  money  which  shall  come  into  his  hands  as  clerk  of  said  school  district,  and  shall,  at  the  expira- 
tion of  his  term  ot  office,  pay  over  to  his  successor  in  office  all  moneys  remaining  in  his  hands  as 


78  BLANK  FORMS. 

clerk  aforesaid,  and  shall  deliver  to  his  successor  all  books  and  papers  appertaining  to  his  said 
office,  then  this  obligation  shall  be  void,  otherwise  of  full  force  and  eflPect. 

E F [seal.] 

L M ^ [SEAL.] 

P Q r  SEAL.l 

In  presence  of 


FORM  NO.  9. 
Form  of  petition  for  changing  the  boundary  of  a  school  district :— 

. ,  18 

To  the  Honorable  County  Superintendent  of County,  Oregon: 

.We,  the  undersigned,  legal  voters  of  school  district  No of county,  Oregon,. 

believing  it  to  be  for  the  best  interests  of  the  people  of  the  district,  do  most  respectfully  ask  that 

the  boundary  of  said  district  be  changed  to  read  as  follows : [  here 

give  the  boundary  of  the  district  as  it  would  be  when  changed],  and  your  petitioners  will  ever 
pray.  \ 


Names. 


Names. 


FORM  NO.  10. 
Form  of  lease  :— 

Know  all  men  by  these  presents,  that  A B ,  of  the  county  of ,  in  the 

State  of  Oregon,  of  the  first  part,  for  the  consideration  herein  mentioned,  does  hereby  lease  unta 

the  directors  of  school  district  No of  the  county  and  State  aforesaid,  party  of  the  second  part, 

and  their  successors  and  assigns,  the  following  described  parcel  of  land  : 

[here  insert  description  of  land],  together  with  all  the  privileges  and  appurtenances  thereunto 

belonging,  to  have  and  to  hold  the  same  for  and  during  the  term  of years  from 

the day  of ,  A.  D.  18 ;  and  the  said  party  of  the  second  part,  for  themselves 

and  their  successors  and  assigns,  do  covenant  and  agree  to  pay  the  said  party  of  the  first  part  for 

the  premises,  the  annual  rent  of dollars. 

la  testimony  whereof,  the  said  parties  have  hereunto  set  their  hands  and  seals  this day 

of. ,  A.  D.  18 

A B 

Lessor. 
C D 

[  SEAL]  E F . 

G H 

Directors  of  School  District  No of  the  County  of. ,  State  of  Oregon. 


BLANK  FORMS.  79- 

FORM  NO.  11. 

Form  of  contract  between  school  district  and  teacher  :— 

It  is  hereby  agreed  between  the  directors  of  school  district  No...^,  of county. 

and  State  ol  Oregon,  and  A B ,  a  qualified  teacher  of  said  county  and  State,  that  the  said 

A. B is  to  teach  the  public  school  of  said  district  for  the  time  of 

[here  insert  time],  for  the  sum  of dollars  per  month,  commencing  on  the day 

of ,  A.  D.  18 ,  and  for  such  services,  lawfully  and  properly  rendered,  the  directors 

of  said  district  are  to  pay  to  the  said  A B the  amount  that  may  be  due  according  to  thi& 

contract,  on  or  before  the day  of ,  18 . 

Dated  this day  of ,  A.  D.  18 

C D 

E F 

G H 

Directors  of  School  District  No ,  of County,  Oregon. 

A B 

Teacher. 

Note. — The  contract  must  be  signed  by  at  least  two  directors  of  the  school' 
district.  

FORM  NO.  12. 

Form  of  deed  : — 

This  indenture  witnesseth  that  A B and  C D ,  Lis  wife  (if  he  has  one ). 

for  and  in  consideration  of  the  sum  of dollars,  to  them  in  hand  paid,  the  receipt  whereo  r 

is  hereby  acknowledged,  have  bargained  and  sold,  and  by  these  presents  do  grant,  bargain,  sell. 

and  convey  unto  the  directors  of  school  district  No of county,  Oregon,  the 

following  described  premises,  to  wit: [here 

give  descriptions],  together  with  the  tenements,  hereditaments,  and  appurtenances  thereunto 
belonging  or  in  any  way  appertaining ;  to  have  and  to  hold  the  same,  with  the  appurtenance". 

unto  the  directors  of  school  district  No ,  their  successors  and  assigns  forever.    And  the  said 

A B and  C D do  hereby  covenant  to  and  with  the  said  directors,  their 

successors  and  assigns,  that  they  are  the  owners  in  fee  simple  of  said  premises ;  thai  they  are  free 
from  all  incumbrances,  and  that  they  will  warrant  and  defend  the  same  against  all  lawful  claims 
whatever. 

Witness  our  hands  and  seals,  this day  of ,  A.  D.  18 

A B [SEAL.] 

C D [SEAL.] 

In  presence  of 


FORM  NO.   13. 

Acknowledgment  :— 

STATE  OF  OREGON,  Igg 

County  of J     * 

On  this,  the day  of ,  A.  D.  18 — ,  personally  came  before  me. 

a in  and  for  said  county,  the  within  named 

and his  wife,  to  me  personally  known  to  be  the  identical  persons  described 

in  and  who  executed  the  within  instrument,  and  acknowledged  to  me  that  they  executed  the 
same  freely  for  the  uses  and  purposes  therein  named. 


80  BLANK  FORMS. 

Aud  the  said  C D ,  on  examination  separate  and  apart  from  her  said  husband, 

acknowledged  to  me  that  she  executed  the  same  freely  and  without  fear  or  compulsion  from 
Any  one. 

Witness  my  hand,  this  , day  of ,  A.  D.  18—— 

L- M 

— ._- _ [  Official  title.] 


FORM  NO.  14. 
Form  of  order  on  district  clerk  for  the  payment  of  money  : — 

To  A B ,  District  Clerk  of  School  District  No of County,  Oregon: 

Please  pay  to the  sum  of dollars  for [here 

specify  the  object  for  which  the  money  is  to  be  paid],  out  of  any  money  in  your  hands  not  appro- 
priated and  belonging  to  said  district. 

Dated  this day  of ,  A.  D.  18_ 

C D 

E— F 

G H 

Directors  of  School  District  No of County,  Oreeron.. 


FORIVI  NO.  15. 


Form  for  affidavit  of  appeal  (section  25):— 


STATE  OF  OREGON, 
County  of — 


A B vs.  School  District  No of : county,  Oregon. 

I,  A B ,  being  duly  sworn,  on  oath  say  that  on  the day 

-of ,  A.  D.  18 ,  the  board  of  directors  of  said  district  rendered  a  decision  (or 

made  an  order)  whereby [here 

«tate  facts  showing  affiant's  interest  in  the  decision  ];  that  said  board  in  rendering  the  decision  ( or 

making  the  order )  aforesaid  committed  errors  as  follows : [here  state  the  errors  charged ] 

A B 

Subscribed  and  sworn  to  by  A B before  me  this day  of 

A.  D.  18 


FORlVr   NO.  IG. 
Form  of  notice  of  appeal  ( section  25 )  :— 

STATE  OF  OREGON,  \ 

County  of j  ^^• 

A B vs.  School  District  No of county,  Oregon. 

To — ,  District  Clerk  of  District  No 

You  are  notified  that  A B has  filed  in  my  ©ffice  an  affidavit  alleging  that  the  board 

of  directors  of  district  No ,  on  the day  of ,  A.  D.  18 ,  made  a 

decision  (or  an  order)  whereby [here 

describe  the  decision  or  order  so  that  the  clerk  may  identify  it],  and  claiming  an  appeal  there- 
from. You  are  therefore  required,  within  ten  days  after  receiving  this  notice,  to  file  in  my  office 
at ,  In  said  county,  a  complete  transcript  of  the  record  of  the 


BLANK  FORMS.  81 

proceedings  of  the  board  relating  to  said  order,  together  with  copies  of  all  papers  filed  with  you 
pertaining  to  said  action  appealed  from. 

Dated  at ,  this day  of ,  A.  D.  18 


County  School  Superintendent. 

FORM  FO.  17. 
Form  of  certificate  of  district  clerk  to  county  superintendents : — 

I, ,  district  clerk  of  district  No ,  in  the  county  of ,  Oregon,  hereby 

certify  that  the  foregoing  is  a  correct  and  complete  transcript  of  the  record  of  all  proceedings  of 

the  board  and  of  all  papers  filed  relating  to  the  case  of  A B vs.  School  District 

No 

Dated  at , ,  18 

District  Clerk. 
Note.— The  district  clerk's  transcript  will  contain,— first,  a  copy  of  all 
that  portion  of  the  records  of  the  proceedings  of  the  meetings  relating  to  the 
action  appealed  from,  with  the  date  of  the  meeting ;  second,  a  copy  of  each 
petition,  remonstrance,  plat,  or  other  paper  relating  to  said  action  submitted 
to  the  board,  to  which  will  be  annexed  the  above  certificate. 


FORM  NO.   18. 
Form  of  notice  of  hearing  of  appeal:— 

STATE  OF  OREGON,  ■)„„ 

County  of J^^' 

A B vs.  District  No 

To ; 

You  are  hereby  notified  that  there  is  on  file  in  this  office  a  transcript  of  the  proceedings  of  the 

board  of  directors  of  district  No of county,  Oregon,  at  a  meeting  on  the day 

of ,  18 ,  in  relation  to [here  describe  the 

decision  or  order  appealed  from],  from  which  appeal  has  been  taken;  and  that  the  said  appeal 
will  be  heard  before  me  at ,  in  said  county,  on  the day  of ,  18 

Dated  at , ,  18 

County  School  Superintendent. 
Note.— The  appellant,  the  chairman  and  clerk  of  the  district,  and  other 
parties  known  to  be  interested,  should  receive  a  copy  of  this  notice. 


FORM  NO.   19. 

Form  of  certificate  of  county  superintendent's  transcript:— 

I, ,  superintendent  of county,  Oregon,  hereby  certify; that 

the  foregoing  is  a  correct  and  complete  transcript  of  the  records  of  all  proceedings  had,  evidence 
given,  and  papers  filed  in  my  office,  and  my  rulings  thereon,  also  of  my  decision  in  the  case  ol 

A B vs.  School  District  No. 

Dated  at , ,  18 

County  School.Superintendent. 


82  BLANK  FORMS. 

Note  1.— The  date  of  filing  every  paper  should  be  endorsed  thereon  ;  also 
in  the  case  of  motions,  all  orders  and  rulings  of  the  county  school  superin- 
tendent.   All  oral  motions  and  evidence  should  be  reduced  to  writing. 

Note  2. — The  transcript  of  the  county  school  superintendent  should  consist 
of  every  paper  filed,  and  all  endorsements  thereon,  together  with  a  copy  of  all 
evidence  given.  The  whole  should  be  arranged  in  chronological  order,  closing 
with  the  decision  of  the  county  school  superintendent  in  full,  with  the  above 
certificate  attached. 


FORM  NO.  20. 

Form  for  appointment  of  arbitrators  and  appraisers  of  site  or  schoolhouse 
or  other  school  property  (section  25,  Oregon  school  laws  ):— 

To and 

You  are  hereby  appointed  and  constituted  a  board  of  appraisers  and  arbitrators  under  the  pro- 
visions of  section  25  of  the  Oregon  school  laws,  to  assess  the  damages  which  school  district  No 

of county,  Oregon,  will  sustain  by  tk^  division  for  school  purposes  of  the 

following  described  real  estate  and  other  property,  viz : ^^. 


in  district  No in  the  county  of and  State  of  Oregon,  containing 

You  will,  therefore,  on  the day  of ,  18 ,  at o'clock M., 

proceed  to  examine  the  real  estate  and  other  property  above  described,  and  assess  under  oath,  the 
cash  damages  which  the  district  will  sustain  by  the  division  of  the  same  for  school  purposes,  and 
immediately  report  to  us  in  writing  the  amount  of  said  damages. 
Dated  at ,  18 


Boards  of  Directors. 
OATH  OP  ARBITRATORS. 


We, and ,  do  solemnly  swear  that 

we  will  well  and  truly  and  to  the  best  of  our  ability  perform  all  of  the  duties  imposed  upon  us  by 
the  foregoing  commission. 


Subscribed  and  sworn  to  before  me  by and. 

arbitrators,  this day  of ,  18 


Note.— Sufficient  time  must  be  allowed  between  the  appointment  and  this 
commission  and  the  time  set  for  appraising  the  damages  to  give  the  arbitrators 
legal  notice  thereof,  and  a  reasonable  time  to  meet. 


BLANK  FORMS.  83 

FORM  NO.  21. 

Form  of  notice  to  district  clerks  from  arbitrators  ( section  25  ):— 

To and DiMrict  Clerks.  Digtrictt  Nos and 

of County,  Oregon  : 

You  are  hereby  notified  that  we  have  this  day  been  appointed  appraisers  to  assess  the  dam- 
ages which  district  No will  sustain  by  the  division  for  school  purposes  of  the  following- 
described  real  estate  and  other  property,  viz. : 

We  will  meet  at on  the day  of. ,  18....,  at....o'clock M., 

and  assess  said  damages  as  provided  by  section  25,  Oregon  school  laws. 

Dated  at ,  18 


Arbitrators. 


FOBM  NO.  22. 

Form  of  appraisement  of  school  property  (section  25  ):— 
To  A B , ,  Oregon: 

We  the  undersigned,  having  been  appointed  to  appraise  the  damages  which  district  No 

will  sustain  by  the  division  of  the  following-described  real  estate  aud  other  property  belonging  to 

said  district,  viz. : 

do  hereby  report  that  we  have  on  this .day  of ,  18 ,  carefully  examined  said 

■described  real  estate  and  other  property  and  have  appraised  the  same  at dollars. 

Bated  at , ,  18 


♦  Arbitrators. 

FORM  NO.  23. 

Form  of  order  on  county  treasurer  for  the  payment  of  county  school  funds 
•due  school  districts : — 

$ Office  of  County  Superintendent,  ) 

,  Oregon, ,  18 / 

To ,  County  Treasure^' of County,  Oregon: 

You  will  please  pay  to ,  district  clerk  of  school  district  No , 

county,  Oregon,  the  sum  of dollars  for  the  use  of  said  district,  and 

■charge  the  same  to  the  county  school  fund  of county,  Oregon. 


No County  School  Superintendent. 

FORM  NO.   24. 

Form  of  order  on  county  treasurer  for  the  payment  of  the  county  appor- 
tionment of  the  State  school  fund  due  school  districts  :— 

f Office  of  County  School  Superintendent,  > 

,  Oregon, ,  18 — j 

To - ,  County  Treasurer  of County,  Oregon: 

You  will  please  pay  to ,  district  clerk  ot  school  district  No , 


84  BLANK  FORMS. 

couniy,  Oregon,  the  sum  of dollars  for  the  use  of  said 

district,  and  charge  the  same  to  the  State  school  fund  apportioned  to county. 


No County  School  Superintendent. 

FORM  NO.   25. 
Form  of  receipt  from  school  clerks  to  county  treasurer  for  school  moneys 

received  :— 

5 Office  of  County  Treasurer,  > 

,  Oregon, ,18 ] 

Received  from ,  county  treasurer  for  the  county  of , 

Oregon,  the  sum  of dollars  for  the  use  of  school  district  No , 

county,  as  per  order  No ,  issued  by  the  county  school  superintendent  on  the 

fund  of  said  couniy. 


No District  Clerk  School  District  No , County,  Oregon, 

FORM  NO.   26. 


Form  of  district  clerks'  receipt  to  county  schom>superintendent  for  school 

} 


order  received  :- 

$ Office  of  District  Clerk. 

School  District  No.  — , County,  Oregon 

,  l8-_.. 

Received  from ,  county  school  superintendent  of county^, 

Oregon,  order  No ,  drawn  upon  the  county  school  fund  of county  for 

dollars  for  the  use  of  school  district  No 


No District  Clerk. 

FORM  NO.   27. 

Form  of  State  school  fund  receipt :  — 

$ Office  of  District  Clerk,  > 

School  District  No , County,  Oregon,  y 

,  18„_.  j 

Received  from ,  county  school  superintendent  of county, 

Or(3gon,  warrant  No. ,  drawn  upon  the  county  apportionment  of  the  State  school  fund, 

dollars  for  the  use  of  school  district  No. 


No ,       District  Clerk. 

FORM  NO.   28. 

Form  of  notice  of  county  school  superintendent  of  meeting  for  examinatio» 
of  school  teachers  : — 

Notice  is  hereby  given  that  for  the  purpose  of  making  an  examination  of  all  persons  who  may- 
offer  themselves  as  candidates  for  teachers  of  the  schools  of  this  county,  the  county  school  super- 
intendent thereof  will  hold  a  public  examination  at [here  insert  the 

time  and  place  of  meeting.] 

Dated  this day  of ,  18. 


County  School  Superintendent _  County,  Oregon. 


BLANK  FORMS.  85 

FORM  NO.  29. 

Form  of  county  superintendent's  receipt  to  teacher  for  examination  fees 
(  section  25,  Oregon  school  laws ) : — 

Received  from _  for  public  examination  for  teacher's 

certificate  the  sum  of  $1.00,  the  same  to  be  paid  to  the  county  treasurer  and  credited  to  the  county 
institute  fund. 

No County  School  Superintendent. 

FORM  NO.  30. 

Form  of  receipt  for  temporary  certificate  fees  ( section  25,  Oregon  school 
laws) : — 

Received  from for  temporary  certificate  examination  the  sum 

of  $2.50  ( the  same  to  be  paid  in  advance ),  and  to  be  paid  to  the  county  treasurer  and  credited  to 
the  county  institute  fund. 

County  School  Superintendent. 


FORM  NO.  31. 
Form  for  receipt  of  institute  fund  ( section  25 ): 


Office  of  County  Treasurer.  ) 
18._.} 


.,  Oregon, 

Received  of ,  county  school  superintendent  of county, 

Oregon,  for  public  examination  fees, dollars,  to  be  credited  to  the  county 

institute  fund. 


No County  Treasurer. 


FORM  NO.  32. 
Form  of  receipt  for  temporary  certificate  fees  (section  25):— 

« Office  of  County  Treasurer,  ) 

,  Oregon 18 — j 

Received  of ,  county  school  superintendent  of county, 

Oregon,  for  teachers'  temporary  certificate  fees, dollars,  the  same  to  be 

credited  to  the  county  institute  fund. 

j^Q     County  Treasurer. 

FORM  NO.  33. 
Form  of  order  on  county  institute  fund  (section  25,  Oregon  school  laws):— 

«                                                                                                  Office  of  County  Clerk,  > 

""  County,  Oregon, ,18 — > 

To ,  Treasurer  of CourUy,  Oregon: 

Pay  to ,  county  school  superintendent,  or  order, dollars, 

out  of  the  county  institute  fund,  for ,  as  per  bill  No ,  audited  and  approved 

this  day,  as  required  by  section  25,  Oregon  school  laws,  and  on  file  in  my  office. 


jjo County  Clerk. 


86  BLANK  FORMS. 

Note.— The  county  clerk  should  not  issue  warrants' for  a  greater  amount 
than  the  county  institute  funds  in  the  hands  of  the  county  treasurer  will  pay 
off  and  satisfy. 


FORM  NO.  34. 

Form  for  quarterly  report  of  institute  fund  to  the  county  treasurer  by  the 
county  school  superintendent  (section  25,  Oregon  school  laws):— 

QUARTERLY  REPORT  OF  INSTITUTE   FUNDS. 

Received  for  examination  fees  for  the  quarter  ending ,  18 ,  and  paid  to  the 

county  treasurer  of county,  Oregon,  as  required  by  section  25,  Oregon  school  laws, 

as  amended  February  21, 1887 : 


No. 

Name  of  applicant. 

Amount 
received. 

1 

2 

3 

"\^ 

4 

^ 

5 

"^ 

. 

6 

7 

'■ 

g 

9 

10 

It 

12 

13 

14 

.___ 

15 

16 

17 

18 

19 

20 

21 

22 

. 

23 

24 

25 

■ 

26 

-      -      — 

27 

28 

29 

80 

31 

32 

33 

34 

35 

36 

. 

37 

1 

38 

89 

40 

41 

42 

48 

44 

45 

46 

47 

48 

- 

49 

50 



BLANK  FORMS. 
FORM  NO.  34.— Concluded. 


87 


No.  1 

1 

Name  of  applicant. 

Amount 
received. 

51 

52 

53 

54 



65 

56 

57 

58 

69 

60 

1 

Total- 


I— 


I  hereby  certify  that  the  above  report  is  correct. 
Dated ,  Oregon, 18. 


FORM  NO.  35. 
Form  of  notice  to  teacher  of  intention  to  suspend  or  revoke  certificate  :— 


To. 


You  are  hereby  notified  to  appear  before  the  undersigned,  the  county  superintendent  of 

schools  for  the  county  of ,  State  of  Oregon,  at ,  on  the 

day  of ,  at o'clock ,  to  show  cause  why  your  certificates  of  qualification  as 

a  teacher  should  not  be  suspended  or  revoked. 

Dated  this day  of- ,  A.  D.  18 


County  school  Superintendent County,  Oregon. 


FORM  NO.  36. 
Form  of  revocation  of  teacher's  certificate  :— 


Office  of  County  School  Superintendent, 
County  of Oregon, 


CNDENT,) 
K)N,  V 

.,  18 i 


To  the  several  School  Boards  in  the  County  of- : 

Whereas  the  undersigned  did,  on  the day  of ,  18 — ,  execute 

and  deliver  to a  certificate,  authorizing to  teach  in 

the  public  schools  of  this  county ;  and  whereas  upon  due  examination  it  has  been  made  to  appear 

that  the  said in  consequence  of [here 

state  the  cause— whether  gross  negligence  of  duty,  incompetency,  or  immorality.]  is  unwortliy 
longer  to  retain  the  same ; 

Now,  therefore,  in  pursuance  of  the  provisions  of  rules  and  regulations,  Or^on  school  laws, 
the  said  certificate  is  hereby  revoked. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  this day  of 

A.  D.  18 


County  School  Superintendent. 


..County.  Oregon. 


88 


BLANK  FORMS. 


FORM 

This  blank  must  be  returned  within  thirty  days  after  its  receipt  to  the 


to 

f 

Description  c 

! 

Agricultural 
land. 

Town 
or 
city 
prop- 
erty. 

if 

is. 

ii 

1  S 

1     ^ 

If 

if 

II 

il 

si 

If 

j 

Horses  ' 

and 
mules. 

1 

Sheep 
Cattle.       and 
goats. 

1 

i 

1 

a 

i 
I 

CO 

! 

f 

! 
1 

PB 

! 

1 

F 
i 

1 

r 

1 

t 
1 

1 

t 

r 

1 

1 

j 

I 

\ 

1 

1 

t 

? 

! 

1 

1 



- 

-- 

-- 

-- 

-- 

" 

-- 

__ 

— -" 



— 

— 

— 

— 

— 



: 
1 





-- 

-- 

^ 

^ 



— 

— 

!■- 

! 

1 

1 

! 

1 

1 

1  ■ 

1 

STATE  OF  OREGON,  1  _ 
County.  J  ^• 

I, ,  do  solemnly  swear  that  the  foregoing  list  includes 

of  Oregon,  and  that  the  above  statement  is  true,  as  I  verily  believe. 


Subscribed  and  sworn  to  before  me  this day  of ,  A.  D.  18. 


BLANK  FORMS, 

NO.  37. 

•directors  of  district  No. ,  county  of ,  Oregon. 


89 


Swine. 

Wheat. 

<j 

CO 

o 

**> 

£. 

3 
1 

Creditors. 

Indebt- 
edness. 

D 

o 

i 
f 

f 

01 

1 
1 

1 

1  a- 

i 

s 

% 

•1 
o 
•<» 

a 

1 
j- 

f 

t 

1 

< 

C 
t> 

Name. 

PostoflBce 
address. 

1 

3 
o 

! 
1 

1 

3 

Remarlu. 







— 

— 

_ 



— - 









! 



— 

— - 



— 



i 

"■""1"" 
1 

— 







1 

. 





— 

— 



1 



— 





.._-, 

Zi 

1 

— - 

— 

z 

1 

— 

1        1 
1 

1 

— 

1 

1 

— 

i 

— 

— 

— 

— 

1 

" 

"1 

1 

_ 

J 

All  the  real  and  personal  property  within  school  district  No. ,  county  of. 


.State 


District  Clerk  School  District  No of 


County,  Oregon. 


90  BLANK  FORMS. 

FORM  NO.  38. 

No SCHOOL  HOUSE  BOND.  « 

This  certifies  that has  advanced  to  school  district  No ,  of 

county,  Oregon,  the  sum  of dollars  ($ ),  one  third  of  which  (8 )  is  represented 

by  this  bond.    One  year  from  date  said  district  will  pay  to  the  holder  of  this  bond  ( $ )  together 

with years'  interest  on dollars  ($ ),  at  the  rate  of per  cent  per  annum, 

both  principal  and  interest  to  be  payable  in  gold  coin  of  the  United  States. 


Directors  of  School  District  No , County,  Oregon. 

,  Oregon, ,  18. — 


FORM  NO.  39. 

Form  of  contract  for  building  a  schoolhouse : — 

Contract  made  and  entered  into  between  A BI^:^ ,  of ,  in 

the  county  of and  State  of  Oregon,  and  C -\- D ,  E 

F ,  and  G H ,  composing  the  district  boird  of  school  district  No ,  of 

,  in  the  county  of ,  and  State  of  Oregon,  and  their  successors  in  oflBce. 

In  consideration  of  the  sum  of  one  dollar  in  hand  paid,  the  receipt  whereof  is  hereby  acknowl- 
edged, and  the  further  sum  of dollars,  to  be  paid  as  hereinafter  specified,  the  said  . 

A B hereby  agrees  to  build  a schoolhouse,  and  to  furnish  the 

material  therefor,  according  to  the  plan  and  specifications  for  the  erection  of  said  house,  hereto 
appended,  at  such  point  in  said  district  as  said  district  board  may  designate.  The  said  house  is  to 
be  built  of  the  best  material,  in  a  substantial,  workmanlike  manner,  and  is  to  be  completed  and 
delivered  to  the  said  district  board,  or  their  successors  in  office,  free  from  any  lien  for  work  done, 

or  material  furnished,  by  the day  of ,  18 And  in  case  the  said  house  is  not 

finished  by  the  time  herein  specified,  the  said  A B shall  forfeit  and  pay  to 

the  said  district  board,  or  their  successors  in  office,  for  the  use  of  said  district,  the  sum  of 

dollars,  and  shall  also  be  liable  for  a,ll  damages  that  may  result  to  said  district  in  consequence  of 
said  failure. 

The  said  district  board,  or  their  successors  in  office,  in  behalf  of  said  district,  hereby  agree  to 

pay  the  said  A B the  sum  of dollars  when  the  foundation  of  said 

house  is  finished ;  and  the  further  sum  of dollars  when  the  walls  are  up  and  ready  for 

the  roof,  and  the  remaining  sum  of dollars  when  the  said  house  is  finished  and  delivered 

as  herein  stipulated. 

It  is  further  agreed  that  this  contract  shall  not  be  sub-let,  transferred,  or  assigned  without  the 
consent  of  both  parties. 

Witness  our  hands  this day  of __,  18 

A B 


Contractor. 


0 D- 

E F- 

G H. 


District  Board. 


BLANK  FORMS. 


91 


FORM  NO.  40. 
Form  of  district  clerk's  notice  to  county  school  superintendent  of  list  of 
elected  ( or  appointed )  school  officers  at  all  annual  and  special  school  meetings 
held  in  the  district  within  the  year  ( section  54,  Oregon  school  laws ):— 

,  Oregon, ,  18 

To ,  County  School  Superintendent, ,  Oregon: 

Sir  :    You  are  hereby  notified  that  the  officers  of  school  district  No ,  county  of. _ 

Oregon,  for  the  ensuing  year  are  as  follows : 


Names. 


Time  to  serve. 


Postoffice  address. 


Directors. 


Clerk. 


3  years — 
2  years — 
1  year — 


The  amount  of  clerk's  bond  is  8_ 
The  sureties  are ; 


■■{: 


Chairman  of  Meeting. 


Clerk  of  District  No 

Note. —  The  clerk  serving  up  to  the  annual  meeting  on  first  Monday  in 
March  of  each  year  will  make  and  fill  out  a  form  the  same  as  the  above  blank, 
and  the  chairman  and  himself  sign  it  and  forward  to  the  county  school 
superintendent. 

FORM  NO.  41. 
Form  of  notice  of  county  treasurer  to  county  school  superintendent  of 
sehool  moneys  in  his  hands  subject  to  apportionment  :— 

7\)  the  County  School  Superintendent  of County,  Oregon: 

I  hereby  certify  that  there  is  now  in  my  hands  the  sum  of dollars 

8 )^  school  moneys,  subject  to  apportionment  to  the  several  school  districts  of  this  county 

entitled  thereto. 

County  Treasurer. 
,  Oregon, ,  18 


FORM  NO.  42. 
Form  of  notice  for  an  adjourned  district  school  meeting  :— 
Notice  is  hereby  given  that  a  meeting  of  the  legal  voters  of  school  district  No ,  in  the 


92  BLANK  FORMS. 

county  of— ,  Oregon,  will  be  held  at ,  in  said  district,  on  the. 

day  of ,  18 ,  at o'clock  In  the noon,  pursuant  to  adjournment. 

Dated  this day  of- ,  18 


District  Clerk. 
Note. —  The  foregoing  must  be  posted  the  same  as  for  annual  meeting. 


FORM  NO.  43. 
Form  of  request  for  clerk  to  call  a  special  district  meeting : — 

To ,  Cleric  of  School  District  No ,  in  the  Qyunty  of ,  Oregon: 

Sir  :    You  are  hereby  requested  to  call  a  special  meeting  of  the  above  district  on  the day 

of ,  18 ,  at o'clock  in  the noon,  for  the  purpose  of [here 

state  the  business  to  be  transacted  ]. 

Dated  this day  of ,  18 


Board  of  Directors. 


KoTE.— The  above  notice  must  be  signed  by  s^t  least  two  directors  and 
posted  the  same  as  for  annual  meeting. 


FORM  NO.  44. 
Clerk's  form  of  notice  for  special  district  meeting : — 

Notice  is  hereby  given  to  the  legal  voters  of  school  district  No ,  in  the  county  of , 

Oregon,  that  a  special  meeting  of  said  district  will  be  held  at ,  on  the 

day  of ,  18 ,  at o'clock  in  the noon,  for  the  following  objects  : [here 

particularly  specify  each  item  of  business  to  be  acted  upon]. 

Dated  this day  of_ ,  18 


District  Clerk. 
Note. —  The  above  must  be  posted  as  for  an  annual  meeting. 


FORM  NO.  45. 

Form  of  notice  to  be  given  by  the  clerk  of  the  school  district  meeting  to  the 
offlcers-elect  who  were  not  present  at  the  meeting : — 

To ; 

You  are  hereby  notified  that  at  a  meeting  of  school  district  No ,  in  the  town  of , 

Oregon,  held  on  the day  of ,  18 ,  you  were  duly  elected of 

eaid  district. 

Dated  this dav  of ,18 


Clerk  of  District  No 

Note. —  This  notice  is  required  to  be  given  within  ten  days  after  the 
meeting,  and  only  to  those  persons  elected  to  office  who  were  not  present  at 
the  time. 


BLANK  FORMS.  95 

FORM  NO.  46. 

Form  of  refusal  to  accept  district  director's  office,  to  be  filed  with  the  clerk. 

of  the  district : — 

To  the  Clerk  of  School  District  No ,  in  the  County  of ,  Oregon: 

You  are  hereby  notified  of  my  refuel  to  accept  the  office  of  director,  to  which  I  was  elected 
at  the  meeting  of  said  district  held  on  the day  of ,18 


Note.  — This  notice  of  refusal  must  be  filed  withiu  ten  days  after  the  elec- 
tion, or  the  person  will  be  deemed  to  have  accepted  the  office,  and  be  liable  for 
non-performance  of  duty.  

FORM  NO.  47. 
Form  of  an  appointment  to  fill  a  vacancy  in  the  district  clerk's  office  :— 

To ; 

The  office  of  [  clerk  ]  of  school  district  No ,  in  the  county  of ,  Oregon. 

having  becoming  vacant,  you  are  hereby  appointed  to  fill  such  vacancy  until  the  next  annual 
meeting  in  said  district. 

Dated  this day  of ,  18 


Directors. 
Note. —  It  requires  two  members  of  the  board  to  make  an  appointment.. 
If  they  neglect  for  ten  days  to  fill  the  vacancy,  it  must  be  done  by  the  legal 
voters  of  the  district.    In  either  case,  the  appointment  must  be  filed  with  the- 
district  clerk  when  appointed.  

FORM  NO.  48. 

Form  of  refusal  or  acceptance  of  district  clerk's  office  by  appointment  :— 
To  the  District  Board  of  School  District  No of  the  County  of ,  Oregon  : 

You  are  hereby  notified  of  my [refusal  or  acceptance  ]  of  the  office  of  clert 

of  school  district  No of  said  county,  to  which  I  was  appointed  by  you  on  the day 

of .  A.  D.  18_ — 

Dated  this day  of ,  18 


Note.— A  notice  of  refusal  must  be  filed  with  the  directors  within  ten  days 
after  the  appointment,  or  the  person  shall  be  deemed  to  have  accepted  the 
office,  and  be  liable  for  non-performance  of  duty. 


FORM  NO.  49. 

Form  of  notice  to  district  clerk  to  furnish  additional  security:— 

lb  District  Clerk  of  School  District  No , County,  Oregon  : 

Sib  :    Deeming  the  security  on  your  bond  insufficient  to  protect  the  district  against  loss,  we- 


94  BLANK  FORMS. 

hereby  require  you  to  furnish  a  new  bond  in  the  sum  of  S— ,  with  sureties  to  be  approved  by 

us,  within  ten  days  from  the  date  hereof. 

Dated  this day  of  — ,  18 


Directors. 


FORM  NO.  50. 

Form  of  notice  for  meeting  of  scliool  directors  to  decide  upon,  locate,  and 
establish  a  schoolhouse  site: — 

The  undersigned  will  be  present  at on  the day  of 

at o'clock  in  the noon,  to  decide  upon  the  location  and  establishment  of  a  schoolhouse 

site  for  district  No. ,  county  of ,  Oregon,  upon [here 

<iescribe  the  lands  upon  which  it  is  proposed  to  establish  the  site]. 

Given  under  our  hands  this day  of ,  18 , 


X  Directors. 

Note. —  In  case  the  above  notice  is  made  for  a  joint  district,  the  directors  of 
.all  the  districts  concerned  must  sign  the  above  notice  and  be  present  at  the 
meeting  to  establish  the  site. 

FORM  NO.  51. 

Form  of  certificate  of  action  of  board  of  directors  in  locating  and  establish- 
ing a  schoolhouse  site: — 

We  hereby  certify  that  on  the day  of ,  A.  D.  18 ,  we  located  and 

-established  a  schoolhouse  site  for  school  district  No. ,  county  of ,  Oregon, 

comprising  the  following  described  territory  : [here 

•describe  the  lands  taken  for  a  site  according  to  the  survey  of  the  same],  and  award  the  sum  of 

dollars  in  full  compensation  to  the  owner  [if  there  are  two  or  more  owners 

of  the  lands  taken  specify  the  amounts  awarded  to  each]  of  the  lands  thus  taken  for  said  school 
house  site. 

Dated  this day  of ,  18 


Directors. 


CONSTITUTION 

OF  THE 

State  ok  Oregon 


CHAPTER    IV. 


We,  the  people  of  the  State  of  Oregon,  to  the  end  that  justice  be  Sept.  18, 1857. 
established,   order   maintained,  and  liberty  perpetuated,  do  Preamble, 
ordain  this  constitution. 


ARTICLE  I. 

BILL  OF  RIGHTS. 

1.  We  declare  that  all  men,  when  they  form  a  social  compact,  Principles  of 
are  equal  in  rights;  that  all  power  is  inherent  in  the  people,  and  pact. 

all  free  governments  are  founded  on  their  authority,  and  instituted 
for  their  peace,  safety,  and  happiness;  and  they  have  at  all  times  a 
right  to  alter,  reform,  or  abolish  the  government  in  such  manner 
as  they  may  think  proper. 

2.  All  men  shall  be  secured  in  their  natural  right  to  worship  Religious  wor- 
Almighty  God  according  to  the  dictates  of  their  own  consciences.  ^^*^' 

3.  No  law  shall  in  any  case  whatever  control  the  free  exercise 
and  enjoyment  of  religious  opinions,  or  interfere  with  the  rights  of 
conscience. 

4.  No  religious  test  shall  be  required  as  a  qualification  for  any  Religious  test, 
office  of  trust  or  profit. 

^  This  constitution  was  framed  by  a  convention  of  delegates,  sixty  in  number,  chosen  at  the 
general  election  on  the  first  Monday  in  June,  1857,  by  virtue  of  an  act  of  the  Territorial  assembly. 
passed  December  12, 1856.  The  convention  met  at  Salem  on  the  third  Monday  in  August,  1857, 
and  adjourned  September  18,  the  same  year.  The  convention  provided  for  submitting  the  con- 
stitution to  a  vote  of  the  electors  of  the  Territory  on  November  9,  1857,  at  which  election  the 
constitution  was  adopted,  there  being  7,195  votes  for  it,  and  3,195  votes  against  it.  On  February  14, 
1859,  the  act  admitting  Oregon  into  the  Union  with  this  constitution  was  approved,  IVom  which 
time  it  is  deemed  to  have  become  a  State.  From  the  time  of  the  formation  of  the  constitution. 
until  the  admission  the  Territorial  government  continued  in  ftill  force  and  authority. 


96 


CONSTITUTION  OF  OREGON 


Sept.  18, 1857. 
Same  subject. 


Witnesses. 


Oath  of  affir- 
mation. 


Freedom  of 
speech. 


Searches,  seiz- 
ures, and 
warrants. 


Courts  not  to 
be  secret. 


Eights  of 
defendant. 


Not  to  be  tried 
twice  for  the 
same  crime. 


Treatment  of 
persons  under 
arrest. 


Bail. 


Punishment  of 
•rime. 


5.  No  money  shall  be  drawn  from  the  treasury  for  the  benefit 
of  any  religious  or  theological  institution,  nor  shall  any  money  be 
appropriated  for  the  payment  of  any  religious  services  in  either 
house  of  the  legislative  assembly. 

6.  No  person  shall  be  rendered  incompetent  as  a  witness  or 
juror  in  consequence  of  his  opinions  on  matters  of  religion,  nor  be 
questioned  in  any  court  of  justice  touching  his  religious  belief,  to- 
affect  the  weight  of  his  testimony. 

7.  The  mode  of  administering  an  oath  or  affirmation  shall  be 
such  as  may  be  most  consistent  with,  and  binding  upon,  the  con- 
science of  the  person  to  whom  such  oath  or  affirmation  may  be 
administered. 

8.  No  law  shall  be  passed  restraining  the  free  expression  of 
opinion,  or  restricting  the  right  to  speak,  write,  or  print  freely  on 
any  subject  whatever ;  but  every  person  shall  be  responsible  for  the 
abuse  of  this  right. 

9.  No  law  shall  violate  the  right  olf  the  people  to  be  secure  in 
their  persons,  houses,  papers,  and  eflfects  against  unreasonable 
search  or  seizure ;  and  no  warrant  shall  issue  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describ- 
ing the  place  to  be  searched,  and  the  person  or  thing  to  be  seized. 

10.  No  court  shall  be  secret,  but  justice  shall  be  administered 
openly  and  without  purchase,  completely  and  without  delay,  and 
every  man  shall  have  remedy  by  due  course  of  law  for  injury  done 
him  in  person,  property,  or  reputation. 

ii.  In  all  criminal  prosecutions  the  accused  shall  have  the 
right  to  public  trial  by  an  impartial  jury  in  the  county  in  which 
the  offense  shall  have  been  committed,  to  be  heard  by  himself  and 
counsel ;  to  demand  the  nature  and  cause  of  the  accusation  against 
him,  and  to  have  a  copy  thereof;  to  meet  the  witnesses  face  to  face, 
and  to  have  compulsory  process  for  obtaining  witnesses  in  his 
favor. 

12.  No  person  shall  be  put  in  jeopardy  twice  for  the  same 
offense,  nor  be  compelled  in  any  criminal  prosecution  to  testify 
against  himself. 

13.  No  person  arrested  or  confined  in  jail  shall  be  treated  with 
unnecessary  rigor. 

14.  Offenses,  except  murder  and  treason,  shall  be  bailable  by 
sufficient  sureties.  Murder  or  treason  shall  not  be  bailable  when 
the  proof  is  evident  or  the  presumption  strong. 

15.  Laws  for  the  punishment  of  crime  shall  be  founded  on  the 
principles  of  reformation,  and  not  of  vindictive  justice. 


CONSTITUTION  OF  OREGON.  97 

16.  Excessive  bail  sliall  not  be  required,  nor  excessive  fines  Sept.  is.  i857. 
imposed.    Cruel  and  unusual  punishments  shall  not  be  inflicted,  Excessive  bail 
but  all  penalties  shall  be  proportioned  to  the  offense.    In  all  crim-  *°   ^"^' 
inal  cases  whatever  the  jury  shall  have  the  right  to  determine  the  Power  of  jury 
law  and  the  facts,  under  the  direction  of  the  court,  as  to  the  law  cawS"**^^ 
and  the  right  of  new  trial,  as  in  civil  cases. 

17.  In  all  civil  cases  the  right  of  trial  by  jury  shall  remain  in-  civil  cases, 
violate. 

18.  Private  property  shall  not  be  taken  for  public  use,  nor  the  Private  prop- 
particular  services  of  any  man  be  demanded  without  just  compen- pJbiiJnlSs 
sation;  nor,  except  in  case  of  the  State,  without  such  compensation 

first  assessed  and  tendered.^ 

19.  There  shall  be  no  imprisonment  for  debt  except  in  case  of  imprisonment 
fraud  or  absconding  debtors.^  ^°'"  *^®*'^- 

20.  No  law  shall  be  passed  granting  to  any  citizen  or  class  of  Exclusive 
citizens  privileges  or  immunities  which,  upon  the  same  temas,  shall  p^^*^®«®*- 
not  equally  belong  to  all  citizens. 

21.  No  ex  post  facto  law,  or  law  impairing  the  obligations  of  what  laws 
contracts  shall  ever  be  passed,  nor  shall  any  law  be  passed,  the  p^d.''*  ^ 
taking  effect  of  which  shall  be  made  to  depend  upon  any  authority, 

except  as  provided  in  this  constitution;  provided,  that  laws  locating 
the  capital  of  the  State,  locating  county  seats,  and  submitting  town 
and  corporate  acts,  and  other  local  and  special  laws,  may  take 
effect  or  not,  upon  a  vote  of  the  electors  interested. 

22.  The  operation  of  the  laws  shall  never  be  suspended  except  How  laws 
by  the  authority  of  the  legislative  assembly.  suspen 

23.  The  privilege  of  the  writ  of  habeas  corpm  shall  not  be  sus-  Habeas  corpus, 
pended,  unless,  in  case  of  rebellion  or  invasion,  the  public  safety 

require  it. 

24.  Treason  against  the  State  shall  consist  only  in  levying  war  Treason,  evi- 

w  ..  dence  of. 

against  it,  or  adhering  to  its  enemies,  giving  them  aid  or  comfort. 

No  person  shall  be  convicted  of  treason  unless  on  the  testimony  of 

two  witnesses  to  the  same  overt  act,  or  confession  in  open  court. 

25.  No  conviction  shall  work  corruption  of  blood  or  forfeiture  Effect  of  con- 
of  estate.  ^^^^«°- 

1  Private  property  condemned  to  the  use  of  a  corporation  is  taken  for  a  public  use,  because 
the  corporation  is  a  public  agent.  A  corporation  has  no  right  to  the  exclusive  use  of  a  right  of 
way  that  is  not  necessary  and  useful  in  its  corporate  business,  and  therefore  such  right  of  way 
may  be  taken  for  another  corporation  engaged  in  the  same  business.  Or.  Cas.  R.  Ck).  v.  Bailey.  3 
Or.  165. 

2 The  ordinary  acceptation  of  the  term  "absconding  debtor"  includes  an  idea  of  secrecy. 
Norman  v.  Zeiber,  3  Or.  205.    This  clause  construed  not  to  apply  to  an  action  for  a  tort  or  a  penalty, 
but  as  if  it  read:    "There  shall  be  no  imprisonment  for  debt  arising  upon  contract,  express  or 
implied,"  except,  etc.    U.  S.  v.  Walsh,  1  Deady,  285;  Hanson  v.  Fowle,  1  Sawyer,  505. 
7 


58  CONSTITUTION  OF   OREGON. 

Sept.  18, 1857.       26.    No  law  shall  be  passed  restraining  any  of  the  inhabitants 


Assemblages     of  the  State  from  assembling  together  in  a  peaceable  manner  to 

of  the  people.  ,  „  .      .        ..         .,     . 

consult  for  their  common  good;  nor  from  instructing  their  repre- 
sentatives ;  nor  from  applying  to  the  legislature  for  redress  of 
grievances. 

The  right  to  27.  The  people  shall  have  the  right  to  bear  arms  for  the  defense 
of  themselves  and  the  State,  but  the  military  shall  be  kept  in 
strict  subordination  to  the  civil  power. 

Quartering  28.     No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 

sol  lers.  without  the  consent  of  the  owner,  nor  in  time  of  war,  except  in 

manner  prescribed  by  law. 

Titles  of  29.    No  law  shall  be  passed  granting  any  title  of  nobility,  or 

"°  ^ '  ^*  conferring  hereditary  distinctions. 

Emigration,  30.    No  law  shall  be  passed  prohibiting  emigration  from  the 

State. 

Rights  of  white     31.    White  foreigners  who  are  or  niay  hereafter  become  residents 

oreigners.  ^^  ^j^.^  State  shall  enjoy  the  same  rights  in  respect  to  the  posses- 
sion, enjoyment,  and  descent  of  property  as  native  born  citizens. 

What  immigra- And  the  legislative  assembly  shall  have  power  to  restrain  and 

restrained.  regulate  the  immigration  to  this  State  of  persons  not  qualified  to 
become  citizens  of  the  United  States, 

duUes  ^"*^  ^^"    -^^  ^^^  ^^  duty  shall  be  imposed  without  the  consent  of  the 

people  or  their  representatives  in  the  legislative  assembly  ;  and  all 
taxation  shall  be  equal  and  uniform.' 

Enumeration        33.     This  enumeration  of  rights  and  privileges  shall  not  be  con- 

oonstrued.        strued  to  impair  or  deny  others  retained  by  the  people. 

Prohibition  of  34.  There  shall  be  neither  slavery  nor  involuntary  servitude  in 
the  State,  otherwise  than  as  a  punishment  for  crime,  whereof  the 
party  shall  have  deen  duly  convicted. 

Free  negroes  35.  No  free  negro  or  mulatto,  not  residing  in  this  State  at  the 
^^'  time  of  the  adoption  of  this  constitution,  shall  come,  reside,  or  be 
within  this  State,  or  hold  any  real  estate,  or  make  any  contracts, 
or  maintain  any  suit  therein  ;  and  the  legislative  assembly  shall 
provide  by  penal  laws  for  the  removal  by  public  officers  of  all  such 
negroes  and  mulattoes,  and  for  their  effectual  exclusion  from  the 
State,  and  for  the  punishment  of  persons  who  shall  bring  them 
into  the  State,  or  employ  or  harbor  them.- 

1  An  assessment  upon  the  lots  and  blocks  abutting  a  street  for  the  improvement  thereof  is 
not  contrary  to  the  clause  requiring  "taxation  to  be  equal  and  unitorm."  King  v.  City  of  Port- 
land, 2  Or.  151. 

-'  This  clause  has  been  superseded  and  annulled  by  the  XIV.  amendment  to  the  national 
constitution.    Ante,  p.  '62. 


CONSTITUTION  OF  OREGON.  99 

ARTICLE  II. 

SUFFRAGE   AND   ELECTIONS. 

Section  1.     All  elections  shall  be  free  and  equal.  Sept.  18. 1887. 

Section  2.  In  all  elections  not  otherwise  provided  for  by  this  ^^®^"°°«  ^'^«- 
constitution,  every  white^  male  citizen  of  the  United  States,  of  the  of"elecSre!*°* 
age  of  twenty-one  years  and  upwards,  who  shall  have  resided  in 
the  State  during  the  six  months  immediately  preceding  such  elec- 
tion, and  every  white  male  of  foreign  birth,  of  the  age  of  twentj'^- 
one  years  and  upwards,  who  shall  have  resided  in  this  State  dur- 
ing the  six  months  immediately  preceding  such  election,  and  shall 
have  declared  his  intention  to  become  a  citizen  of  the  United 
States  one  year  preceding  such  election,  conformably  to  the  laws 
of  the  United  States  on  the  subject  of  naturalization,  shall  be  enti- 
tled to  vote  at  all  elections  authorized  by  law. 

Section  3.    No  idiot  or  insane  person  shall  be  entitled  to  the  priv-  idiotic,  insane, 
ileges  of  an  elector ;   and  the  privilege  of  an  elector  shall  be  for-  °^  ^"^'<^'- 
feited,   by  a  conviction  of  any  crime  which  is  punishable  by 
imprisonment  in  the  penitentiary. ^ 

Section  4.^  For  the  purpose  of  voting,  no  person  shall  oe  deemed  Residence, 
to  have  gained  or  lost  a  residence  by  reason  of  his  presence  or 
absence  while  employed  in  the  service  of  the  United  States,  or  of 
this  State  ;  nor  while  engaged  in  the  navigation  of  the  waters  of 
this  State,  or  of  the  United  States,  or  of  the  high  seas ;  nor  while 
a  student  of  any  seminary  of  learning ;  nor  while  kept  at  any 
almshouse,  or  other  asylum,  at  public  expense ;  nor  while  con- 
fined in  any  public  prison. 

Section  5.     No  soldier,  seaman,  or  marine,  in  the  army  or  navy  soldiers,  sea- 

of  the  United  States,  or  of  their  allies,  shall  be  deemed  to  have  ^nSnJt unvote 

acquired  a  residence  in  the  State  in  consequence  of  having  been 

stationed  within  the  same  ;  nor  shall  any  such  soldier,  seaman,  or 

marine  have  the  right  to  vote. 

Section  6.    No  negro,  Chinaman,  or  mulatto*  shall  have  the  Negro.  China- 

men,  etc. 
right  of  suirrage. 

1  The  effect  of  the  XV.  amendment  to  the  national  constitution  '  is  to  deprive  the  provisions 
of  the  State  constitution  and  the  acts  of  the  State  legislature,  restricting  the  exercise  of  the  right 
of  suffrage  to  white  persons,  of  all  legal  force  and  efficacy."    Wood  v.  Fitzgerald,  3  Or.  579. 

2  A  person  convicted  of  a  felony  is  not  restored  to  the  privileges  of  an  elector  by  an  uncon- 
ditional pardon.    Darrah  v.  Bird,  3  Or.  232;  contra.  Wood  v.  Fitzgerald,  Id.  573. 

3  This  section  does  not  prevent  a  person  employed  in  the  sennce  of  the  United  States  or  of 
the  State  from  gaining  a  residence  during  such  employment  Darrah  v.  Bird,  3  Or.  239;  Wood  v. 
Fitzgerald.  Id.  572. 

*  Negroes  or  mulattoes  born  or  naturalized  in  the  United  States,  and  subject  to  the  jurisdic- 
tion thereof,  by  virtue  of  the  XIV.  amendment,  are  now  citizens  of  the  United  States,  and  the 
State  wherein  they  reside,  and  therefore  by  virtue  of  the  XV.  amendment  are  entitled  to  the 
right  of  suffrage  in  this  State  the  same  as  white  citizens;  and  the  same  is  true  of  all  persons  bom 
or  naturalized  in  the  United  States,  and  subject  to  the  jurisdiction  thereof.  The  Slaughter  House 
Cases,  16  Wall.  36. 


100 


CONSTITUTION  OF    OREGON. 


Bribery  at 
elections. 


ing  elections. 


Duels. 


Lucrative 


Sept.  18, 1857.  Section  7.  Every  person  shall  be  disqualified  from  holding 
office  during  the  term  for  which  he  may  have  been  elected,  who 
shall  have  given  or  ofTered  a  bribe,  threat,  or  reward  to  procure  his 
election. 
Laws  concern-  Section  8.  The  legislative  assembly  shall  enact  laws  to  support 
the  privilege  of  free  sufltrage,  prescribing  the  manner  of  regulating 
and  conducting  election,  and  prohibiting,  under  adequate  penal- 
ties, all  undue  influence  therein,  from  power,  bribery,  tumult,  and 
other  improper  conduct. 

Section  9.  Every  person  who  shall  give  or  accept  a  challenge 
to  fight  a  duel,  or  shall  knowingly  carry  to  another  person  such 
challenge,  or  who  shall  agree  to  go  out  of  the  State  to  fight  a  duel, 
shall  be  ineligible  to  any  office  of  trust  or  profit. 

Section  10.  No  person  holding  a^  lucrative  office  or  appointment 
under  the  United  States,  or  under  this  State,  shall  be  eligible  to  a 
seat  in  the  legislative  assembly ;  nor  shall  any  person  hold  more 
than  one  lucrative  office  at  the  same  time,  except  as  in  this  consti- 
tution expressly  permitted ;  provided,  that  officers  in  the  militia, 
to  which  there  is  attached  no  annual  salary,  and  the  office  of  post- 
master, where  the  compensation  does  not  exceed  one  hundred 
dollars  per  annum,  shall  not  be  deemed  lucrative. 

Section  11.  No  person  who  may  hereafter  be  a  collector  or 
holder  of  public  money,  shall  be  eligible  to  any  office  of  trust  or 
profit,  until  he  shall  have  accounted  for  and  paid  over,  according 
to  law,  all  sums  for  which  he  may  be  liable. 

Section  12.    In  all  cases  in  which  it  is  provided  that  an  office 

shall  not  be  filled  by  the  same  person  more  than  a  certain  number 

of  years  continuously,  an  appointment  pro  tempore  shall  not  be 

reckoned  a  part  of  that  term. 

When  electors      Section  13.    In  all  cases,  except  treason,  felony,  and  breach  of 

and  military     the  peace,  electors  shall  be  free  from  arrest  in  going  to  elections, 


Collector.when 
ineligible  to 
office. 


Appointment 
pro  tempore. 


duty. 


General  elec- 
tions, when 
held. 

Votes  to  be 
given  viva 


during  their  attendance  there,  and  in  returning  from  the  same ; 
and  no  elector  shall  be  obliged  to  do  duty  in  the  militia  on  any  day 
of  election,  except  in  time  of  war  or  public  danger. 

Section  14.  General  elections  shall  be  held  on  the  first  Monday 
of  June,  biennially. 

Section  15.  In  all  elections  by  the  legislative  assembly,  or  by 
either  branch  thereof,  votes  shall  be  given  openly,  or  viva  voce, 
and  not  by  ballot  forever ;  and  in  all  elections  by  the  people,  votes 
shall  be  given  openly,  or  viva  voce,  until  the  legislative  assembly 
shall  otherwise  direct. 


1  A  deputy  collector  of  internal  revenue  is  such  an  office  or  appointment.    Herman's  case, 
Sen.  Jour.  1870,  p.  32.    See  note  to  Art.  VII.  §  17. 


CONSTITUTION   OF  OREO' ON  .1^1 

Section  16.    In  all  elections  held  by  the  people  under  this  con-  8bpt.is,1867. 
stitution,  the  person  or  persons  who  shall  receive  the  highest  num-  PluniHty  shall 
ber  of  votes  shall  be  declared  duly  elected. 

Section  17.    All  qualified  electors  shall  vote  in  the  election  pre-  Electors, 
cinct  in  the  county  where  they  may'  reside,  for  county  officers,  and 
in  any  county  in  the  State  for  State  officers,  or  in  any  county  of  a 
congressional  district  in  which  such  electors  may  reside,  for  mem- 
bers of  congress. 


ARTICLE  III. 

DISTRIBUTION  OF  POWEKS. 

Section  1.    The  powers  of  the  government  shall  be  divided  into  powers  of 
three  separate  departments— the  legislative,  the  executive,  includ-^®^®''"™®"'- 
ing  the  administrative,  and  the  judicial;  and  no  person  charged 
with  official  duties  under  one  of  these  departments  shall  exercise 
any  of  the  functions  of  another,  except  as  this  constitution  ex- 
pressly provided. 


ARTICLE  IV. 

LEGISLATIVE  DEPARTMENT. 

Section  1.    The  legislative  authority  of  the  State  shall  be  vested  Legislative 
in  the  legislative  assembly,  which  shall  consist  of  a  senate  and*"*  ^  *^* 
house  of  representatives.     The  style  of  every  bill  shall  be,  "Be  it  style  of  a  bill, 
enacted  by  the  legislative  assembly  of  the  State  of  Oregon,"  and 
no  law  shall  be  enacted  except  by  bill. 

Section  2.  The  senate  shall  consist  of  sixteen,  and  the  house  of  Number  of 
representatives  of  thirty-four  members,  which  number  shall  not  represeutaiivea 
be  increased  until  the  year  eighteen  hundred  and  sixty,  after  which 
time  the  legislative  assembly  may  increase  the  number  of  senators 
and  representatives,  always  keeping,  as  near  as  may  be,  the  same 
ratio  as  to  the  number  of  senators  and  representatives;  provided^ 
that  the  senate  shall  never  exceed  thirty  and  the  house  of  repre- 
sentatives sixty  members. 

Section  3.    The  senators  and  representatives  shall  be  chosen  by  By  whom 

cboscn 
the  electors  of  the  respective  counties  or  districts  into  which  the 

State  may  from  time  to  time  be  divided  by  law. 

1  A  person  who  has  no  fixed  place  of  residence  is  not  entitled  to  vote  anywhere,  and  the 
mere  passing  in  and  out  of  a  precinct  does  not  constitute  a  residence  therein,  Darrah  v.  Bird.  3 
Or,  233.  Where  an  elector  has  in  good  faith  resided  in  a  county  ninety  days  next  preceding  an 
election,  "but  has  no  fixed  residence  or  domicile  in  any  particular  precinct  therein,  he  may  vote 
in  any  precinct  in  which  he  finds  himself  on  the  day  of  election."    Wood  v.  Fitzgerald,  3  Or.  580. 


lOg,;.J|./j\-/,,;^;5,.i,-(30;^«'r/rC7r/OiV^  OF   OREGON. 

Sept.  18, 1857.       Section  4.    The  senators  shall  be  elected  for  the  term^  of  four 

Term  of  sena-  years,  and  representatives  for  the  term  of  two  years  from  the  day 

tors  and  repre-  *'  '  *^ 

sentatives.  next  after  their  general  election  ;  provided,  however,  that  the  sen- 
ators elect,  at  the  first  session  of  the  legislative  assembly  under  this 

Senators,  how  constitution,  shall  be  divided  by  lot  into  two  equal  classes,  as 
nearly  as  may  be ;  and  the  seats  of  senators  of  the  first  class  shall 
be  vacated  at  the  expiration  of  two  years,  and  those  of  the  second 
class  at  the  expiration  of  four  years  ;  so  that  one  half,  as  nearly  as 
possibly,  shall  be  chosen  biennially  forever  thereafter.  And  in 
case  of  the  increase  of  the  number  of  senators,  they  shall  be  so 
annexed  by  lot  to  one  or  the  other  of  the  two  classes  as  to  keep 
them  as  nearly  equal  as  possible. 

Census.  Section  5.    The  legislative  assembly  shall,  in  the  year  eighteen 

hundred  and  sixty-five,  and  every  ten  years  after,  cause  an  enumer- 
ation to  be  made  of  all  the  white  population  of  the  State. 

Ap'ortioumeut  Section  6.  The  number  of  senators  and  representatives  shall,  at 
the  session  next  following  an  enume^ion  of  the  inhabitants  by 
the  United  States  or  this  State,  be  fixed  by  law,  and  apportioned 
among  the  several  counties  according  t6  the  number  of  white 
population  in  each.  A.nd  the  ratio  of  senators  and  representatives 
shall  be  determined  by  dividing  the  whole  number  of  white  popu- 
lation of  such  county  or  district,  by  such  respective  ratios ;  and 
when  a  fraction  shall  result  from  such  division,  which  shall  exceed 
one  half  of  such  ratio,  such  county  or  district  shall  be  entitled  to  a 
member  for  such  fraction.  And  in  case  any  county  shall  not  have 
the  requisite  population  to  entitle  such  cuunty  to  a  member,  then 
such  county  shall  be  attached  to  some  adjoining  county  for  sena- 
torial or  representative  purposes. 

Senatorial  dis-     Section  7.    A  senatorial  district,  when  more  than  one  county 
tricts. 

shall  constitute  the  same,  shall  be  composed  of  contiguous  counties, 

and  no  county  shall  be  divided  in  creating  senatorial  districts. 
Qualification  of     Section  8.    No  person  shall  be  a  senator  or  representative  who, 
senators,  etc.     ^^  ^^^  ^^^^  ^^^  j^.^  election^  jg  ^ot  a  citizen  of  the  United  States  ; 

nor  any  one  who  has  not  been  for  one  year  next  preceeding  his 
election  an  inhabitant  of  the  county  or  district  whence  he  may  be 
chosen.  Senators  and  representatives  stiall  be  at  least  twenty-one 
years  of  age. 
When  free  from  Section  9.  Senators  and  representatives  in  all  cases,  except  for 
treason,  felony,  or  breaches  of  the  peace,  shall  be  privileged  from 
arrest  during  the  session  of  the  legislative  assembly,  and  in  going 

1  A  ptrson  elected  to  fill  a  vacancy  in  the  office  of  senator  is  not  elected  for  the  term  of  four 
years.    Mosher's  Case,  Sen.  Jour.  1872,  p.  95. 


CONSTITUTION  OF  OREGON.  103 

to  and  returning  from  the  same  ;  and  shall  not  be  subject  to  any  sept.is.isst. 
civil  process  during  the  session  of  the  legislative  assembly,. nor  SameTubjpct. 
during  the  fifteen  days  next  before  the  commencement  thereof. 
Nor  shall  a  member,  for  words  uttered  in  debate  in  either  house,  iTd^ba""*"^ 
be  questioned  in  any  other  place. 

Section  10.     The  sessions  of  the  legislative  assembly  shall  be  sessions  of  th« 
held  biennially  at  the  capital  of  the  State,  commencing  on  the  ^*illbij® 
second  Monday  of  September,  in  the  year  eighteen  hundred  and 
fifty-eight,  and  on  the  same  day  of  every  second  year  thereafter, 
unless  a  different  day  shall  have  been  appointed  by  law. 

Section  11.    Each  house,  when  assembled,  shall  choose  its  own  Election  of 
officers,  judge  of  the  election,  qualifications^  and  returns  of  its  own  °  ^*"' 
members,  determine  its  own  rules  of  proceeding,  and  sit  upon  its  jud^g  of  quali- 
owji  adjournments  ;   but  neither  house  shall,  without  the  concur-  ^*^*'*2?  °^  ^^ 
rence  of  the  other,  adjourn  for  more  than  three  days,  nor  at  any 
other  place  than  that  in  which  it  naay  be  sitting. 

Section  12.  Two  thirds  of  each  house  shall  constitute  a  quorum  Quorum. 
to  do  business,  but  a  smaller  number  may  meet,  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members.  A  quorum 
being  in  attendance,  if  either  house  fail  to  effect  an  organization 
within  the  first  five  days  thereafter,  the  members  of  the  house  so 
failing  shall  be  entitled  to  no  compensation  from  the  end  of  the 
five  days  until  an  organization  shall  have  been  effected. 

Section  13.    Each  house  shall  keep  a  journal  of  its  proceedings.  Journal.  . 
The  yeas  and  nays  on  any  question  shall,  at  the  request  of  any  Yeas  and  najr*. 
two  members,  be  entered,  together  with  the  names  of  the  members 
demanding  the  same,  on  the  journal ;  provided^  that  on  a  motion 
to  adjourn,  it  shall  require  one  tenth  of  the  members  present  to 
order  the  yeas  and  nays. 

Section  14.    The  doors  of  each  house,  and  of  committees  of  the  Open  door». 

whole,  shall  be  kept  open,  except  in  such  cases  as  in  the  opinion  may"b?SSSt. 

of  either  house  may  require  secrecy. 

Section  15.     Either  house  may  punish  its  members  for  disorderly  Punishment 

-  ,         ...   J  1      and  expulsion 

behavior,  and  may,  with  the  concurrence  of  two  thirds,  expel  a  of  members. 

member ;  but  not  a  second  time  for  the  same  cause. 

Section  16.     Either  house,  during  its  session,  may  punish  by  punishment  of 
imprisonment  any  person  not  a  member  who  shall  have  been^g^b^"**  * 
guilty  of  disrespect  to  the  house  by  disorderly  or  contemptuous 
behavior  in  its  presence,  but  such  imprisonment  shall  not  at  any 
time  exceed  twenty-four  hours. 

Section  17.    Each  house  shall  have  all  powers  necessary  for  a  General  powert 
branch  of  the  legislative  department  of  a  free  and  independent 
State. 


104  CONSTITUTION  OF  OREGON. 

Sept.  18, 1857.       Section  18.    Bills  may  originate  in  either  house,  but  may  be 
originat^^^^  *®amei«ied  or  rejected  in  the  other,  except  that  bills  for  raising 

revenue  shall  originate  in  the  house  of  representatives. 
Reading  of  Section  19.    Every  bill  shall  be  read  by  sections,  on  three  sev- 

en final  passage  eral  days,  in  each  house,  unless,  in  case  of  emergency,  two  thirds 
of  the  house  where  such  bill  may  be  depending  shall,  by  a  vote  of 
yeas  and  nays,  deem  it  expedient  to  dispense  with  this  rule ;  but 
the  reading  of  a  bill  by  sections  on  its  final  passage  shall  in  no  case 
be  dispensed  with,  and  the  vote  on  the  passage  of  every  bill  or 
joint  resolution  shall  be  taken  by  yeas  and  nays. 
Subject  and  Section  20.    Every  act  shall  embrace  but  one  subject,  and  mat- 

titie  of  act.  ^^j,g  properly  connected  therewith,  which  subjects  shall  be  expressed 
in  the  title.^  But  if  any  subject  shall  be  embraced  in  an  act  which 
shall  not  be  expressed  in  the  title,  such  act  shall  be  void  only  as 
to  so  much  thereof  as  shall  not  be  expressed  in  the  title. 

Act  to  be  plain-     Section  21.    Every  act  and  joint  resolution  shall  be  plainly 
ly  worded. 

worded,  avoiding  as  far  as  practicable  the  use  of  technical  terms. 

Mode  of  revis-     Section  22.    No  act  shall  ever  be  revised  or  amended  by  mere 

ment.^  ^     "    reference  to  its  title,  but  the  act  revised  or  section  amended  shall 

be  set  forth  and  published  at  full  length.^ 

What  local  or     Section  23.    The  legislative  assembly  shall  not  pass  special  or 

to  be  passed,     local  laws  in  any  of  the  following  enumerated  cases,  that  is  to  say, — 

1.  Regulating  the  jurisdiction  and  duties  of  justices  of  the 
peace,  and  of  constables.-^ 

2.  For  the  punishment  of  crimes  and  misdemeanors. 

3.  Regulating  the  practice  in  courts  of  justice. 

4.  Providing  for  changing  the  venue  in  civil  and  criminal 
cases. 

5.  Granting  divorces. 

6.  Changing  the  names  of  persons. 

7.  For  laying,  opening,  and  working  on  highways,  and  for  the 
election  or  appointment  of  supervisors. 

8.  Vacating  roads,  town  plats,  streets,  alleys,  and  public  squares. 

9.  Summoning  and  empaneling  grand  and  petit  jurors. 

.  1  The  object  of  this  provision  evidently  was  to  prevent  matters  wholly  foreign  and  discon- 
nected from  the  subject  expressed  in  the  title  from  being  inserted  in  the  act.  Simpson  v.  Bailey, 
3  Or.  517. 

2  Where  an  act  or  section  thereof  is  revised  or  amended  it  is  not  necessary  to  set  forth  and 
publish  such  act  or  section  only  as  revised  or  amended.  Noland  v.  Costello,  2  Or.  58;  Portland  v. 
Stock,  Id.  72.  A  repeal  of  an  act  or  section  thereof  is  not  a  revision  or  amendment  of  the  same, 
and  therefore  is  not  within  this  clause.    Bird  v.  Wasco,  3  Or.  284, 

3  This  clause  does  not  prevent  the  legislature  from  conferring  upon  the  judge  of  a  municipal 
court  the  power  and  authority  of  a  justice  of  the  peace  within  the  municipal  limits.  Ryan  v. 
Harris,  2  Or.  176;  Craig  v.  Mosier,  Id.  324;  State  v.  Wiley,  Ses.  Laws,  1872,  p.  421. 


CONbTlTUTION  OF  OREGON.  105 

10.  For  the  assessment  and  cx)llection  of  taxes  for  state,  county,  Sept.  is,  1857. 
township,  or  road  purposes.  Same  Hobject 

11.  Providing  for  supporting  common  schools,  and  for  the  pres- 
ervation of  school  funds. 

12.  In  relation  to  interest  on  money. 

13.  Providing  for  opening  and  conducting  the  elections  of 
State,  county,  or  township  officers,  and  designating  the  places  of 
voting. 

14.  Providing  for  the  sale  of  real  estate  belonging  to  minors  or 
other  persons  laboring  under  legal  disabilities  by  executors,  admin- 
istrators, guardians,  or  trustees. 

Section  24.    Provision  may  be  made  by  general  law  for  bringing  Suit  against  the 
suit  against  the  State,  as  to  all  liabilities  originating  after  or  exist- " 
ing  at  the  time  of  the  adoption  of  this  constitution;  but  no  special 
act  authorizing  such  suit  to  be  brought,  or  making  compensation 
to  any  person  claiming  damages  against  the  State,  shall  ever  be 


Section  25.    A  majority  of  all  the  members  elected   to  each  Majority  neces- 
sary to  pass  a 
house  shall  be  necessary  to  pass  every  bill  or  joint  resolution;  and  bill. 

all  bills  and  joint  resolutions  so  passed  shall  be  signed  by  the  pre- byl^aler"*^ 

siding  officers  of  the  respective  houses. 

Section  26.    Any  member  of  either  house  shall  have  the  right  to  Protest. 

protest,  and  have  his  protest,  with  his  reasons  for  dissent,  entered 

on  the  journal. 

Section  27.    Every  statute  shall  be  a  public  law,  unless  other- what  sutute  a 
•^  public  law. 

wise  declared  in  the  statute  itself. 

Section  28.    No  act  shall  take  effect  until  ninety  days  from  the  When  act  to 

take  efTect 
end  of  the  session  at  which  the  same  shall  have  been  passed,  except 

in  case  of  emergency;  which  emergency  shall  be  declared  in  the 

preamble  or  in  the  body  of  the  law. 

Section  29.    The   members  of  the   legislative   assembly  shall  Comp^»Uon 

receive  for  their  services  a  sum  not  exceeding  three  dollars  a  day 

from  the  commencement  of  the  session;  but  such  pay  shall  not 

exceed  in  the  aggregate  one  hundred  and  twenty  dollars  for  per 

diem  allowance  for  any  one  session.    When  convened  in  extra 

session  by  the  Governor,  they  shall  receive  three  dollars  per  day; 

but  no  extra  session  shall  continue  for  a  longer  period  than  twenty 

days.    They  shall  also  receive  the  sum  of  three  dollars  for  every 

twenty  miles  they  shall  travel  in  going  to  and  returning  from  their 

place  of  meeting,  on  the  most  usual  route.    The  presiding  officers 

of  the  assembly  shall,  in  virtue  of  their  office,  receive  an  additional 

compensation  equal  to  two  thirds  of  their  per  diem  allowance  as 

members. 


106  CONSTITUTION  OF   OREGON 

Sept.  IS,  1857.       Section  30.    No  senator  or  representative  shall,  during  the  time 

When  mem-     for  which  he  may  have  been  elected,  be  eligible  to  any  office,  the 
ber  not  eligible  ^  »  &  .r  j 

to  office,  election  to  which  is  vested  in  the  legislative  assembly ;  nor  shall  he 

be  appointed  to  any  civil  office  of  profit  which  shall  have  been 

created,  or  the  emoluments  of  which  shall  have  been  increased 

during  such  term,  but  this  latter  provision  shall  not  be  construed 

to  apply  to  any  officer  elective  by  the  people. 

Oath  of  mem-     Section   31.     The  members  of   the   legislative  assembly  shall, 

before  they  enter  on  the  duties  of  their  respective  offices,  take  and 

subscribe  the  following  oath  or  affirmation  : — 

I  do  solemnly  swear  (or  affirm,  as  the  case  may  be,)  that  I  will 
support  the  constitution  of  the  United  States  and  the  constitution 
of  the  State  of  Oregon,  and  that  I  will  faithfully  discharge  the 
duties  of  senator  (or  representative,  as  the  case  may  be,)  according 
to  the  best  of  my  ability. 

And  such  oath  may  be  administered  by  the  Governor,  Secretary 
of  State,  or  judge  of  the  supreme  court^X 


ARTICLE  V. 

EXECUTIVPJ  DEPARTMENT. 

Executive  Section  1.    The  chief  executive  power  of   the  State  shall  be 

power.  vested  in  a  Governor,  who  shall  hold  his  office  for  the  term  of  four 

Term  of  office,  years ;  and  no  person  shall  be  eligible  to  such  office  more  than 

eight  in  any  period  of  twelve  years. 
Q\miifications       Section  2.    No  person,  except  a  citizen  of  the  United  States, 
ot  Governor.     gjjaU  \^q  eligible  to  the  office  of  Governor,  nor  shall  any  person  be 

eligible  to  that  office  who  shall  not  have  attained  the  age  of  thirty 

years,  and  who  shall  not  have  been  three  years  next  preceding  his 

election  a  resident  within  this  state. 
Who  not  eligl-     Section  3.    No  member  of   congress,   or  person    holding  any 

office  under  the  United  States  or  under  this  State,  or  under  any 

other  power,  shall  fill  the  office  of  Governor;  except  as  may  be 

otherwise  provided  in  this  constitution. 
Flection  of  Section  4.      The  Governor  shall  be  elected  by  the  qualified 

Governor. 

electors  of  the  vState  at  the  times  and  places  of  choosing  members 
of  the  legislative  assembly,  and  the  returns  of  every  election  for 
Governor  shall  be  sealed  up  and  transmitted  to  the  Secretary  of 
State,  directed  to  the  speaker  of  the  house  of  representatives,  who 
shall  open  and  publish  them  in  the  presence  of  both  houses  of  the 
legislative  assembly. 


CONSTITUTION  OF  OREGON.  107 

Section  5.     The  person  having  the  highest  number  of  votes  for  Sept.  w,  1857. 
Governor  shall  be  elected;  but  in  case  two  or  more  persons  8hainn"^«of«ileI 
have  an  equal  and  the  highest  number  of  votes  for  Governor,  the 
two  houses  of  the  legislative  assembly,  at  the  next  regular  session 
thereof,  shall  forthwith,  by  joint  vote,  proceed  to  elect  one  of  the 
said  persons  Governor. 

Section  6.    Contested  elections  for  Governor  shall  be  determined  contested  eiec- 
by  the  legislative  assembly  in  such  manner  as  may  be  prescribed 
by  law. 

Section  7.     The  official  term  of  the  Governor  shall  be  four  years,  Term  of  office, 
and  shall  commence  at  such  times  as  may  be  provided  by  this  con- 
stitution or  prescribed  by  law. 

Section  8.     In  case  of  the  removal  of  the  (xovernor  from  office,  in  case  of  v»- 

cancy  or  disa- 
or  of  his  death,  resignation,  or  inability  to  discharge  the  duties  of  ability. 

the  office,  the  same  shall  devolve  upon  the  Secretary  of  State;  and 

in  case  of  the  removal  from  office,  death,  resignation,  or  inability, 

both  of  the  Governor  and  Secretary  of  State,  the  president  of  the 

senate  shall  act  as  Governor  until  the  disability  be  removed  or  a 

Governor  be  elected. 

Section  9.    The  Governor  shall  be  commander-in-chief  of  the  Governor  com - 

mauder-chiei. 
military  and  naval  forces  of  this  State,  and  may  call  out  such 

forces  to  excute  the  laws,  to  suppress  insurrection,  or  to  repel 

invasion. 

Section  10.     He  shall  take  care  that  the  laws  be  faithfully  exe- T^;^j>^e^c^ 
CUted.  *»^  executed. 

Section  11.     He  shall,  from  time  to  time,  give  to  the  legislative 

assembly  information  touching  the  condition  of  the  State,  and 

recommend  such  measures  as  he  shall  judge  to  be  expedient. 

Section  12.     He  may,  on  extraordinary  occasions,  convene  the  May  convene 

.      ,     ,,      .    ^      .      ,  the  legislature, 

legislative    assembly  by  proclamation,  and  shall  state  to  both 

houses,  when  assembled,  the  purpose  for  which  they  shall  have 

convened. 

Section  13.     He  shall  transact  all  necessary  business  with  the  To  tranNwit  all 

.    .  A.'         '  •*•       necessary  buai- 

officers  of  government,  and  may  require  information  m  writing  ne«s  with  offi- 

from  the  officers  of  the  administrative  and  military  departments  **"* 

upon  any  subject  relating  to  the  duties  of  their  respective  offices. 

Section  14.     He  shall  have  power  to  grant  reprieves,  coram uta- May^^graiure- 

tions,  and  pardons,  after  conviction,  for  all  offenses  except  treason,  aons.  eic. 

subject  to  such  regulations  as  may  be  provided  by  law.    Upon 

conviction  for  treason,  he  shall  have  the  power  to  suspend  the 

execution  of  the  sentence  until  the  case  shall  be  reported  to  the 

legislative  assembly,  at  its  next  meeting,  when  the  legislative 


108 


CONSTITUTION  OF  OREGON. 


Sept.  18. 1857. 


Same  subject. 


Veto  power. 


Reconsidera- 
tion. 


assembly  shall  either  grant  a  pardon,  commute  the  sentence,  direct 
the  execution  of  the  sentence,  or  grant  a  further  reprieve.  He  shall 
have  power  to  remit  fines  and  forfeitures,  under  such  regulations 
as  may  be  prescribed  by  law;  and  shall  report  to  the  legislative 
assembly,  at  its  next  meeting,  each  case  of  reprieve,  commutation, 
or  pardon  granted,  and  the  reason  for  granting  the  same;  and  also 
the  names  of  all  persons  in  whose  favor  remission  of  fines  and  for- 
feitures shall  have  been  made,  and  the  several  amounts  remitted. 

Section  15.  Every  bill  which  shall  have  passed  the  legislative 
assembly  shall,  before  it  becomes  a  law,  be  presented  to  the  Gov- 
ernor; if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return 
it  with  his  objections  to  that  house  in  which  it  shall  have  origin- 
ated, which  house  shall  enter  the  objections  at  large  upon  the 
journal  and  proceed  to  reconsider  it.  If,  after  such  reconsideration, 
two[;thirds  of  the  members  present  shall  agree  to  pass  the  bill,  it 
shall  be  sent,  together  with  the  objections,  to  the  other  house,  by 
which  it  shall  likewise  be  reconsidered,  and  if  approved  by  two 
thirds  of  the  members  present,  it  shall  become  a  law.    But  in  all 

Vote  to  be  by  such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas 
yeas  and  nays.        ,  ,  ,,  „  ^,  ,  ,.        „  .  , 

and  nays,  and  the  names  of  the  members  voting  for  or  against  the 

bill  shall  be  entered  on  the  journal  of  each  house  respectively;  if 
any  bill  shall  not  be  returned  by  the  Governor  within  five  days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  it 
shall  be  a  law  without  his  signature,  unless  the  general  adjourn- 
ment shall  prevent  its  return,  in  which  case  it  shall  be  a  law,  unless 
the  Governor,  within  five  days  next  after  the  adjournment  ( Sun- 
days excepted )  shall  file  such  bill,  with  his  objections  thereto,  in 
the  office  of  the  Secretary  of  State,  who  shall  lay  the  same  before 
the  legislative  assembly  at  its  next  session,  in  like  manner  as  if  it 
had  been  returned  by  the  Governor. 

Governor  to  fill     Section  16.    When,  during  a  recess  of  the  legislative  assembly, 
vacancies  by  i  o  g  ji 

appointment,    a  vacancy  shall  happen  in  any  office,  the  appointment  of  which  is 

vested  in  the  legislative  assembly,  or  when  at  any  time  a  vacancy 

shall  have  occurred  in  any  other  State  office,  or  in  the  office  of 

judge  of  any  court,  the  Governor   shall   fill  such  vacancy  by 

appointment,  which  shall  expire  when  a  successor  shall  have  been 

elected  and  qualified.^ 

Issue  writs  of       Section  17.    He  shall  issue  writs  of  election  to  fill  such  vacancies 

as  may  have  occurred  in  the  legislative  assembly. 


1  In  case  of  a  vacancy  in  the  office  of  county  judge,  the  appointment  by  the  Governor  is  not 
for  any  unexpired  term,  but  until  a  successor  is  elected  and  qualified,  which  may  be  done  at  the 
next  general  election ;  and  the  person  then  chosen  is  entitled  to  hold  the  office  for  the  term  of 
four  years  thereafter.    State  ex  rel.  v.  Johns,  3  Or.  534. 


CONSTITUTION  OF   OREGON.  109 

Section  18.    All  commissions  shall  issue  in  the  name  of  the  8ept.18,i»7. 
State,  shall  be  signed  by  the  Governor,  sealed  with  the  seal  of  the  CommlwionT.  ~ 
State,  and  attested  by  the  Secretary  of  State. 


ARTICLE  VI. 

ADMINISTRATIVE  DEPARTMENT. 

Section  1.    There  shall  be  elected  by  the  qualified  electors  of  the  Kiection  of  Sec- 
State,  at  the  time  and  places  of  choosing  members  of  the  legislative  TrelSure^of 
assembly,  a  Secretary  and  Treasurer  of  State,  who  shall  severally  ^^**- 
hold  their  offices  for  the  term  of  four  years;  but  no  person  shall 
be  eligible  to  either  of  said  offices  more  than  eight  in  any  period  of 
twelve  years. 

Section  2.  The  Secretary  of  State  shall  keep  a  fair  record  of  secretary  of 
the  official  acts  of  the  legislative  assembly  and  executive  depart-  ^^^" 
ment  of  the  State;  and  shall,  when  required,  lay  the  same  and  all 
matters  relative  thereto  before  either  branch  of  the  legislative 
assembly.  He  shall  be  by  virtue  of  his  office  auditor  bf  public 
accounts,  and  shall  perform  such  other  duties  as  shall  be  assigned 
him  by  law. 

Section  3.    There  shall  be  a  seal  of  State,  kept  by  the  Secretary  seal  of  state. 

of  State  for  official  purposes,  which  shall  be  called  *'  The  seal  of  the 

State  of  Oregon." 

Section  4.    The  power  and  duties  of  the  Treasurer  of  State  shall  Powers  aud 

duties  of  treas- 
be  such  as  may  be  prescribed  by  law.  urer. 

Section  5.     The  Governor,  and  the  Secretary,  and  Trea^^urer  of  office  and  re- 
state shall  severally  keep  the  public  records,  books,  and  papers  in  uve  officers, 
any  nianner  relating  to  their  respective  offices  at  the  seat  of  gov- 
ernment, at  which  place  also  the  Secretary  of  State  shall  reside. 

Section  6.     There  shall  be  elected  in  each  county,  by  the  qualified  County  officers. 
electors  thereof,  at  the  time  of  holding  general  elections,  a  county 
clerk,  treasurer,  sheriff,  coroner,  and  surveyor,  who  shall  severally 
hold  their  offices  for  the  term  of  two  years. 

Section  7.    Such  other   county,  township,  precinct,  and  city  other  officers, 
officers  as  may  be  necessary  shall  be  elected  or  appointed  in  such 
manner  as  may  be  prescribed  by  law. 

Section  8.    No  person  shall  be  elected  or  appointed  to  a  county  g^^JJ^^^J^^J^JJ®' 
office  who  shall  not  be  an  elector  of  the  county;  and  all  county, 
township,  precinct,  and  city  officers  shall  keep  their  respective 
offices  at  such  places  therein,  and  perform  such  duties  as  may  be 
prescribed  by  law. 


110  CONSTITUTION  OF  OREGON 

•Sept.  18. 1857.       Section  9.    Vacancies  in  county,  township,  precinct,  and  city 
Vacancies.        offices  shall  be  filled  in  such  manner  as  may  be  prescribed  by  law. 


Justices  of. 


ARTICLE  VII. 

JUDICIAL  DEPARTMENT. 

Judicial  power     Section  1.    The  judicial  power  of  the  State  shall  be  vested  in  a 
whom  vested!"  supreme  court,  circuit  courts,  and  county  court,  which  shall  be 
courts  of  record,  having  general  jurisdiction,  to  be  defined,  limited, 
and  regulated  by  law  in  accordance  with  this  constitution.    Jus- 
Municipal        tices  of  the  peace  may  also  be  invested  with  limited  judicial  powers;^ 
and  municipal  courts"^  may  be  created  to  administer  the  regulations 
of  incorporated  towns  and  cities. 
Supreme  courc.     Section  2.     The  supreme  court  shall  consist  of  four  justices,-^  to 
be  chosen  in  districts  by  the  electors  thereof,  who  shall  be  citizens 
of  the  United  States,  and  who  shall  have  resided  in  the  State  at 
least  three  years  next  preceding  their  election,  and  after  their 
election  to  reside  in  their  respective  districts.     The  number  of 
justices  and  districts  maybe  increased,  hut  shall  not  exceed  five 
until  the  white  population  of  the  State  shall  amount  to  one  hun- 
dred thousand,  and  shall  never  exceed  seven;  and  the  boundaries 
of  districts  may  be  changed,  but  no  change  of  district  shall  have 
the  effect  to  remove  a  judge  from  office,  or  require  him  to  change 
his  residence  without  his  consent. 
Term  of  office.      Section  3.     The  judges  first  chosen  under  this  constitution  shall 
allot  among  themselves  their  terms  of  office,  so  that  the  term  of 
one  of  them  shall  expire  in  two  years,  one  in  four  years,  and  two 
in  six  years,  and  thereafter  one  or  more  shall  be  chosen  every  two 
years,  to  serve  for  the  term  of  six  years. 
Vacancy.  Section  4.     Every  vacancy  in  the  office  of  judge  of  the  supreme 

court  shall  be  filled  by  election  for  the  remainder  of  the  vacant 
term,  unless  it  would  expire  at  the  next  election,  and  until  so  filled, 
or  when  it  would  so  expire,  the  Governor  shall  fill  the  vacancy  by 
appointment. 

whoto be  chief     Section  5.    The  judge  who  has  the  shortest  term  to  serve,  or  the 
justice.  "^      ^ 

oldest  of  several  having  such  shortest  term  and  not  holding  by 

appointment,  shall  be  the  chief  justice. 

1  Whether  the  jurisdiction  of  a  justice  of  the  peace  shall  be  limited  to  JlOO  or  $250,  is  left  by 
this  clause  to  the  discretion  of  the  legislature.    Noland  v.  Costello,  2  Or.  58. 

2  The  legislature  may  confer  upon  the  judge  of  a  municipal  court  the  power  and  authority 
of  a  justice  of  the  peace.  Ryan  v.  Harris,  2  Or.  176;  Craig  v.  Mosier,  Id.  324;  State  v.  Wiley,  Ses. 
Laws,  1872,  p.  421. 

='  The  number  of  justices  of  the  Supreme  Court  was  increased  to  tive  by  act  of  the  assembly, 
Omobcr  11, 1862. 


CONSTITUTION  OF  OREGON.  lU 

Section  6.    The  supreme  court  shall  have  jurisdiction  only  to  8ept.w.i».7. 
revise  the  final  decisions  of  the  circuit  courts;  and  every  cause  shall  JurUdlctlon. 
be  tried  and  every  decision  shall  be  made  by  those  judges  only,  or 
a  majority  of  them,  who  did  not  try  the  cause  or  make  the  decision 
in  the  circuit  court. 

Section  7.    The  terms  of  the  supreme  court  shall  be  appointed  Terme  of 
by  law,  but  there  shall  be  one  term  at  the  seat  of  government  *"^"'™®  *^*^^' 
annually.     And  at  the  close  of  each  term  the  judges  shall  file  with 
the  Secretary  of  State  concise  written  statements  of  the  decisions 
made  at  that  term. 

Section  8.    The  circuit  court  shall  be  held  twice,  at  least,  in  each  <^*ircuH  courts. 
year  in  each  county  organized  for  judicial  purposes  by  one  of  the 
justices  of  the  supreme  court  at  times  to  be  appointed  by  law, 
and  at  such  other  times  as  may  be  appointed  by  the  judges  sever- 
ally in  pursuance  of  law. 

Section  9.  All  judicial  power,  authority,  and  jurisdiction  not  JuriMliciioD. 
vested  by  this  constitution  or  by  laws  consistent  therewith  exclu- 
sively in  some  other  court  shall  belong  to  the  circuit  courts, 
and  they  shall  have  appellate  jurisdiction  and  supervisory  control 
over  the  county  courts  and  all  other  inferior  courts,  officers,  and 
tribunals. 

Section  10.     When   the  white   population  of  the  State  shall  when  sopreme 

and  circuit 
amount  to  two  hundred  thousand,  the  legislative  assembly  may  judges  may  be 

provide  for  the  election  of  supreme  and  circuit  judges  in  distinct  tinct  classes. 

classes,  one  of  which  classes  shall  consist  of  three  justices  of  the 

supreme  court  who  shall  not  perform  circuit  duty,  and  the  other 

class  shall  consist  of  the  necessary  number  of  circuit  judges  who  py^^^j,  ^^^ 

shall  hold  full  terms  without  allotment,  and  who  shall  take  the 

same  oath  as  the  supreme  judges. 

Section  11.     There  shall  be  elected  in  each  county,  for  the  term  Conuty  court, 
of  four  years,  a  county  judge,  who  shall  hold  the  county  court  at 
times  to  be  regulated  by  law.^ 

Section  12.    The  county  court  shall  have  the  jurisdiction  j^er- Jurisdiction, 
taining  to  probate  courts  and  boards  of  county  commissioners,  and 
such  other  powers  and  duties  and  such  civil  jurisdiction  not  ex- 
ceeding the  amount  of  value  of  five  hundred  dollars,  and  such 
criminal  jurisdiction  not  extending  to  death  or  imprisonment  in  eommissioneni 
the  penitentiary  as  may  be  prescribed  by  law.    But  the  legislative  «f  ~°"' J" 
assembly  may  provide  for  the  election  of  two  commissioners  to  sit 

1  Under  this  section  "the  term  attaches  to  the  person,"  and  any  one  elected  a  county  judge 
is  chosen  for  the  full  period  of  four  years,  and  not  merely  to  fill  an  unexpired  portion  of  the  four 
years  for  which  a  predecessor  may  have  been  chosen.    State  ex  rel.  v.  Johns,  3  Or.  538. 


,112  CONSTITUTION  OF  OREGON. 

Sept.  18, 1857.   with  the  county  judge  while  transacting  county  business  in  any 
Same  subject,    qj.  ^,11  the  counties,  or  may  provide  a  separate  board  for  transacting 

such  business. 
Writs  granted     Section  13.    The  county  judge  may  grant  preliminary  injunc- 
tions and  such  other  writs  as  the  legislative  assembly  may  authorize 
him  to  grant,  returnable  to  the  circuit  court,  or  otherwise,  as  may 
be  provided  by  law;  and  may  hear  and  decide  questions  arising 

„  ^  upon  habeas  corpus;  provided,  such  decision  be  not  against  the 

Habeas  corpus.  j^       /  ^  i  o 

authority  or  proceedings  of  a  court  or  judge  of  equal  or  higher 

jurisdiction. 

Expenses  of         Section  14.    The  counties  having  less  than  ten  thousand  white 

court  in  certain 

counties.  inhabitants  shall  be  reimbursed,  wholly  or  in  part,  for  the  salary 

and  expenses  of  the  county  court,  by  fees,  percentage,  and  other 

equitable  taxation  of  the  business  done  in  said  court,  and  in  the 

office  of  the  county  clerk. 

Election  of  Section  15.    A  county  clerk  shall  be  elected  in  each  county  for 

county  clerk, 

etc.  the  term  of  two  years,  who  shall  keep  all  the  public  records,  books, 

and  papers  of  the  county,  record  conveyances,  and  perform  the 

duties  of  clerk  of  the  circuit  and  county  courts,  and  such  other 

duties  as  may  be  prescribed  by  law;  but  Avhenever  the  number  of 

Legislature       voters  in  any  county  shall  exceed  twelve  hundred,  the  legislative  . 

duties  of  co'nty  assembly  may  authorize  the  election  of  one  person  as  clerk  of  the 

^  ^^  '  circuit  court,  one  person  as  clerk  of  the  county  court,  and  one  per- 

son recorder  of  conveyances. 

Sheriff.  Section  16.    A  sheriff  shall  be  elected  in  each  county  for  the 

term  of  two  years,  who  shall  be  the  ministerial  officer  of  the  circuit 

and  county  courts,  and  shall  perform  such  other  duties  as  may  be 

prescribed  by  law. 

Prosecuting         Section  1 7.    There  shall  be  elected  by  districts,  comprised  of  one 
£L  b  to  rii  Gy  s  • 

or  more  counties,  a  sufficient  number  of  prosecuting  attorneys,^ 

who  shall  be  the  law  officers  of  the  State,  and  of  the  counties 

within  their  respective  districts,  and  shall  perform  such  duties 

pertaining  to  the  administration  of  law  and  general  police  as  the 

legislative  assembly  may  direct. 

Jurors.  Section  18.    The  legislative  assembly  shall  so  provide  that  the 

most  competent  of  the  permanent  citizens  of  the  county  shall  be 

chosen  for  jurors;  and  out  of  the  whole  number  in  attendance  at 

the  court  seven  shall  be  chosen  by  lot  as  grand  jurors,  five  of  whom 

must  concur  to  find  an  indictment.    But  the  legislative  assembly 

may  modify  or  abolish  grand  juries. 

^  The  duties  of  the  office  of  prosecuting  attorney  and  United  States  district  attorney  are 
incompatible,  and  the  acceptance  of  the  latter  by  a  person  holding  the  former  will  be  deemed  a 
resignation  thereof.    State  ex  rel.  v.  Gibbs,  Or.  Sup.  Court,  Jan.  Term,  1873. 


CONSTITUTION   OF  OREGON  113 

Section  19.    Public  officers  shall  not  be  impeached;  butiDcom-  8eit.i8,i»7. 

petency,  corruption,  malfeasance,  or  delinquency  in  office  mav  be  Official  deUn- 
^.  i  A  '     i.x,  ..,«.  quencle*. 

tried  in  the  same  manner  as  crimmal  offenses,  and  judgment  may 

be  given  of  dismissal  from  office  and  such  further  punishment  as 

may  have  been  prescribed  by  law. 

Section  20.    The  Governor  may  remove  from  office  a  judge  of  Removal  of 
the  supreme  court,  or  prosecuting  attorney,  upon  the  joint  reaolu-^"^*®** 
tion  of  the  legislative  assembly,  of  which  two  thirds  of  the  members 
elected  to  each  house  shall  concur,  for  incompetency,  corruption, 
malfeasance,  or  delinquency  in  office,  or  other  sufficient  cause  stated 
in  such  resolution. 

Section  21.    Every  judge  of  the  supreme  court,  before  entering  oath  of  offloe. 
upon  the  duties  of  his  office,  shall  take  and  subscribe  and  transmit 
to  the  Secretary  of  State  the  following  oath: 

*•  I, ,  do  solemnly  swear  ( or  affirm )  that  I  will  sup- 
port the  constitution  of  the  United  States  and  the  constitution  of 
the  State  of  Oregon,  and  that  I  will  faithfully  and  impartially 
discharge  the  duties  of  a  judge  of  the  supreme  and  circuit  courts 
of  said  State,  according  to  the  best  of  my  ability,  and  that  I  will 
not  accept  any  other  office  except  judicial  offices  during  the  term 
for  which  I  have  been  elected." 


ARTICLE  VIII. 

EDUCATION  AND   SCHOOL   LANDS. 

Section  1.  The  Governor  shall  be  Superintendent  of  Public  su^rintend'nt 
Instruction,  and  his  powers  and  duties  in  that  capacity  shall  be  instrucUon. 
such  as  may  be  prescribed  by  law;  but  after  the  term  of  five  years 
from  the  adoption  of  this  constitution  it  shall  be  competent  for  the 
legislative  assembly  to  provide  by  law  for  the  election  of  a  super- 
intendent, to  provide  for  his  compensation,  and  prescribe  his  powers 
and  duties. 

Section  2.  The  proceeds  of  all  the  lands  which  have  been  or  common  seho'l 
hereafter  may  be  granted  to  this  State  for  educational  purposes 
( excepting  the  lands  heretofore  granted  to  and  [  aid  ]  in  the  estab- 
lishment of  a  university ) ;  all  the  moneys  and  clear  proceeds  of  all 
property  which  may  accrue  to  the  State  by  escheat  or  forfeiture; 
all  moneys  which  may  be  paid  as  exemption  from  nailitary  duty; 
the  proceeds  of  all  gifts,  devices,  and  bequests  made  by  any  person 
to  the  State  for  common  school  purposes;  the  proceeds  of  all  prop- 
erty granted  to  the  State  when  the  purposes  of  such  grant  shall 
not  be  stated;  all  the  proceeds  of  the  five  hundred  thousand  acres 
8 


114  CONSTITUTION  OF  OREGON. 

Sept.  18, 1857.  of  land  to  which  this  State  is  entitled  by  the  provisions  of  an 
Same  subject,  act  of  congress  entitled  "An  act  to  appropriate  the  proceeds  of  the 
sales  of  the  public  lands  and  to  grant  preemption  rights,  approved 
September  4, 1841 , "  and  also  the  five  per  centum  of  the  net  proceeds 
of  the  sales  of  the  public  lands  to  which  this  State  shall  become 
entitled  on  her  admission  into  the  Union  ( if  congress^  shall  consent 
to  such  appropriation  of  the  two  grants  last  mentioned ),  shall  be 
set  apart  as  a  separate  and  irreducible  fund,  to  be  called  the  common 
school  fund,  the  interest  of  which,  together  with  all  other  revenues 
derived  from  the  school  land  mentioned  in  this  section,  shall  be 
exclusively  applied  to  the  support  and  maintenance  of  common 
schools  in  each  school  district,  and  the  purchase  of  suitable  libra- 
ries and  apparatus  therefor. 

System  of  com-     Section  3.    The  legislative  assembly  shall  provide  by  law  for 
mon  schools.      ,,,,,.,  ,  , 

the  establishment  of  a  uniform  and  general  system  of  common 

schools. 
Distribution  of     Section  4.    Provision  shall  be  made  by  law  for  the  distribution 
school  fund.     ^^  ^j^^  income  of  the  common  school  fund  among  the  several  coun- 
ties of  the  State  in  proportion \o  the  number  of  children  resident 
therein  between  the  ages  of  four  and  twenty  years. 
Sale  of  school     Section  5.    The  Governor,  Secretary  of  State,  and  State  Treas- 
ands.  ^j.^j.  gjjall  constitute  a  board  of  commissioners  for  the  sale  of  school 

and  university  lands,  and  for  the  investment  of  the  funds  arising 
therefrom,  and  their  powers  and  duties  shall  be  such  as  may  be 
prescribed  by  law;  provided^  that  no  part  of  the  university  funds, 
or  of  the  interest  arising  therefrom,  shall  be  expended  until  the 
period  of  ten  years  from  the  adoption  of  this  constitution,  unless 
the  same  shall  be  otherwise  disposed  of  by  the  consent  of  congress 
for  common  school  purposes. 


ARTICLE  IX. 

FINANCE. 

Assessment  Section  1.    The  legislative  assembly  shall  provide  by  law  for 

and  taxation.    ^jjjifQ^^^  and  equal  rate  of  assessment  and  taxation  ;2  and  shall  pre- 

1  On  February  9, 1871,  congress  passed  a  joint  resolution  assenting  to  such  appropriation  as 
follows :  Joint  resolution  relative  to  school  lands  in  the  State  of  Oregon.  Be  it  enacted,  etc.  That 
congress  hereby  assents  to  the  application  of  the  500,000  acres  of  land  granted  to  the  State  of  Ore- 
gon Dy  the  act  of  congress,  approved  September  4, 1841,  to  the  support  of  common  schools,  as  pro- 
vided in  g  2,  article  VIII.  lof  the  constitution  of  said  State;  provided,  that  nothing  herein  shall 
influence  the  construction  or  effect  of  the  act  admitting  said  State  into  the  Union,  as  to  said  appli> 
cation  (16  Stat.  595.) 

2  An  assessment  upon  the  lots  and  blocks  abutting  a  street  for  the  improvement  thereof  is 
not  unequal  and  ununiform  assessment  and  taxation.    King  v.  Portland,  2  Or.  151. 


CONSTITUTION  OF   OREGON.  115 

scribe  such  regulations  as  shall  secure  a  just  valuation  for  taxation  8iit.i8,18S7. 
of  all  property,  both  real  and  personal,  excepting  such  only  for  8«wne  subjeet. ' 
municipal,  educational,  literary,  scientific,  religious,  or  charitable 
purposes  as  may  be  specially  exempted  by  law. 

Section  2.    The  legislative  assembly  shall  provide  for  raising  current 
revenue  sufficient  to  defray  the  expenses  of  the  State  for  each  ^"P®"^*- 
fiscal  year,  and  also  a  sufficient  sum  to  pay  the  interest  on  the 
State  debt,  if  there  be  any. 

Section  3.    No  tax  shall  be  levied  except  in  pursuance  of  law,  Law  levying 
and  every  law  imposing  a  tax  shall  state  distinctly  the  object  of  **^" 
the  same,  to  which  only  it  shall  be  applied. 

Section  4.    No  money  shall  be  drawn  from  the  treasury  but  in  How  money 
pursuance  of  appropriations  made  by  law.  rawn. 

Section  5.    An  accurate  statement  of  the  receipts  and  expendi-  Publication, 
tures  of  the  public  money  shall  be  published  with  the  laws  of  each 
regular  session  of  the  legislative  assembly. 

Section  6.    Whenever  the  expenses  of  any  fiscal  year  shall  Tax  for  defi- 
exceed  the  income,  the  legislative  assembly  shall  provide  for  levy-  °*®°*^'' 
ing  a  tax  for  the  ensuing  fiscal  year,  sufficient,  with  other  sources 
of  income,  to  pay  the  deficiency,  as  well  as  the  estimated  expense 
of  the  ensuing  fiscal  year. 

Section  7.    Laws  making  appropriations  for  the  salaries  of  public  a  ppropriationi 
officers  and  other  current  expenses  of  the  State  shall  contain  pro- 
visions upon  no  other  subject. 

Section  8.    All  stationery  required  for  the  use  of  this  State  shall  stationenr, 

how  furnished, 
be  furnished  by  the  lowest  responsible  bidder,  under  such  regula- 
tions as  may  be  prescribed  by  law.    But  no  State  officer  or  member 
of  the  legislative  assembly  shall  be  interested  in  any  bid  or  contract 
for  furnishing  such  stationery. 


ARTICLE  X. 

'  MIIjITIA. 

Section  1.    The  militia  of  this  State  shall  consist  of  all  able-MiUtia. 
bodied  male  citizens  between  the  ages  of  eighteen  and  forty-five 
years,  except  such  persons  as  now  are  or  hereafter  may  be  exempted 
by  the  laws  of  the  United  States  or  of  this  State. 

Section  2.    Persons  whose  religious  tenets  or  conscientious  scru-  who  exempt, 
pies  forbid  them  to  bear  arms  shall  not  be  compelled  to  do  so  in 
time  of  peace,  but  shall  pay  an  equivalent  for  personal  service. 

Section  3.    The  Governor  shall  appoint  the  adjutant-general  officers. 


116  CONSTITUTION   OF  OREGON 

Sept.  18, 1857.   and  the  other  chief  officers  of  the  general  staff  and  his  own  staff/ 
Same  subject,    ^j^j  ^11  officers  of  the  Une  shall  be  elected  by  the  persons  subject 

to  military  duty  in  their  respective  districts, 
staff  officers.        Section  4.    The  majors-general,  brigadiers-general,  colonels,  or 
commandants  of  regiments,  battalions,  or  squadrons,  shall  severally 
comm??s^ion*      appoint  their  staff  officers,  and  the  Governor  shall  commission  all 

officers  of  the  line  and  staff  ranking  as  such. 
Legislature  to  Section  5.  The  legislative  assembly  shall  fix  by  law  the  method 
tions^formiKtia  of  dividing  the  militia  into  divisions,  brigades,  regiments,  battal- 
ions, and  companies,  and  make  all  other  needful  rules  and  regula- 
tions in  such  manner  as  they  may  deem  expedient,  not  incompat- 
ible M'ith  the  constitution  or  laws  of  the  United  States  or  of  the 
constitution  of  this  State,  and  shall  fix  the  rank  of  all  staff  officers, 

ARTICLE  XI. 

CORPORATIONS  AND  INTERNAL  IMPROVEMENTS. 

Prohibition  of      Section  1.    The  legislative  assembly  shall  not  have  the  power  to 
^^  ^'  establish  or  incorporate  any  bank  or  banking  company,  or  mon- 

eyed institution  whatever;    nor  shall  aoy  bank,   company,   or 
institution  exist  in  the  State  with  the  privilege  of  making,  issuing, 
or  putting  into  circulation  any  bill,  check,  certificate,  promissory 
note,  or  other  paper,  or  the  paper  of  any  bank,  company,  or  person 
to  circulate  as  money. 
Corporations  to     Section  2.    Corporations  may  be  formed  under  general  laws,  but 
der ^general  ^^'  shall  not  be  created  by  special  laws,  except  for  municipal  purposes. 
laws.  ^\i  laws  passed  pursuant  to  this  section  may  be  altered,  amended, 

Municipal  cor-  qj.  repealed,  but  not  so  as  to  impair  or  destroy  any  vested  corporate 

rights. 
Liabiiit  of  Section  3.    The  stockholders  of  all  corporations  and  joint  stock 

stockholders,  companies  shall  be  liable  for  the  indebtedness  of  said  corporation 
to  the  amount  of  their  stock  subscribed  and  unpaid,  and  no  more. 
Compensation  Section  4.  No  person's  property  shall  be  taken  by  any  corpora- 
taken  by  cor-  tion,  under  authority  of  law,  without  compensation^  being  first 
poration.  made  or  secured,  in  such  manner  as  may  be  prescribed  by  law. 

Restrictions  Section  5.  Acts  of  legislative  assembly  incorporating  towns  and 
pafcorpora-^  cities  shall  restrict  their  powers  of  taxation,  borrowing  money, 
tions.  contracting  debts,  and  loaning  their  credit.^ 

1  Compensation  for  property  appropriated  to  the  use  of  a  corporation  consists  ( 1 )  of  the  actual 
value  of  the  parcel  appropriated,  and  ( 2)  of  the  excess  of  damages,  if  any,  to  the  residue  of  the 
property,  over  the  benefits  thereto,  by  reason  of  such  appropriation.  Willamette  Falls  L.  &  Co.  v. 
Kelly,  Or.  101. 

-  §  135  of  the  act  incorporating  Portland  prohibited  the  city  from  contracting  an  indebtedness 
exceeding  $50,000;  held,  that  an  ordinance  assuming  a  liability  of  $350,000,  to  be  paid  in  semi- 
annual installments  in  the  course  of  twenty  years,  although  it  provided  for  the  payment  of  such 
installment  by  the  levy  of  taxes  as  they  fell  due,  was  in  violation  of  such  section  and  void. 
Coulsen  et  ux.  v.  Portland,  1  Deady,  496. 


CONSTITUTION  OF  OREGON,  117 


t8,l»7 


Section  6.    The  State  shall  not  subscribe  to  or  be  interested  In 
the  stock  of  any  company,  association,  or  corporation.  SutejwTto'be 

Section  7.    The  legislative  assembly  shall  not  loan  the  credit  of  in  company, 
the  State,  nor  in  any  manner  create  any  debts  or  Habilities  which  s2uf  n*ot  to*be 
shall  singly  or  in  the  aggregate  with  previous  debts  or  liabilities  'o*"«<i- 
exceed  the  sum  of  fifty  thousand  dollars,  except  in  case  of  war,  or  LJmiution 
to  repel  invasion  or  suppress  insurrection;  and  every  contract  of  SPcontwSing' 
indebtedness  entered  into  or  assumed  by  or  on  behalf  of  the  State,  ^^^^' 
when  all  its  liabilities  and  debts  amount  to  said  sum,  shall  be  yoid 
and  of  no  effect. 

Section  8.    The  State  shall  never  assume  the  debt  of  any  county,  state  not  to 
town,  or  other  corporation  whatever,  unless  such  debt  shall  have  debpi.  onie«. 
been  created  to  repel  invasion,  suppress  insurrection,  or  defend  the 
State  in  war. 

Section  9,    No  county,  city,  town,  or  other  municipal  corpora- Municipal  cor- 
tion,  by  vote  of  its  citizens  or  otherwise,  shall  become  a  stockholder 
in  any  joint  stock  company,  corporation,  or  association  whatever, 
or  raise  money  for  or  loan  its  credit  to  or  in  aid  of  any  such  com- 
pany, corporation,  or  association. 

Section  10.    No  county  shall  create  any  debts  or  liabilities  which  Limitation 

,    ,  *  ^      XI.  J  "P""  powers  of 

shall  sinarlv  or  in  the  aggregate  exceed  the  sum  of  five  thousand  counties tocon- 

.  ..  ,   .  .  u    *  *u     tract  AehX*. 

dollars,  except  to  suppress  msurrection  or  repel  mvasion;  but  the 
debts  of  any  county,  at  the  time  this  constitution  takes  efiect, 
shall  be  disregared  in  estimating  the  sum  to  which  such  county  is 
limited.  

ARTICLE  XII. 

STATE  PRINTER. 

Section  1.  There  shall  be  elected  by  the  qualified  electors  of  the  sute  Printer. 
State,  at  the  times  and  places  of  choosing  members  of  the  legisla- 
tive assembly,  a  State  Printer,  who  shall  hold  office  for  the  term  of 
four  years.  He  shall  perform  all  the  public  printing  for  the  State 
which  may  be  provided  by  law.  The  rates  to  be  paid  to  him  for 
such  printing  shall  be  fixed  by  law,  and  shall  neither  be  increased 
nor  diminished  during  the  term  for  which  he  shall  have  been 
elected.  He  shall  give  security  for  the  performance  of  his  duUes 
as  the  legislative  assembly  may  provide. 

ARTICLE  XIII. 

SALARIES. 

Section  L     The  Governor  shall  receive  an  annual  salary  of|^jri^jf^ 
fifteen  hundred  dollars.    The  Secretary  of  State  shaU  receive  an 


118  CONSTITUTION  OF  OREGON 

Sept.  18, 1857.  annual  salary  of  fifteen  hundred  dollars.  The  Treasurer  of  State 
Same  subject,    ^hall  receive  an  annual  salary  of  eight  hundred  dollars.     The 

y  judges  of  the  supreme  court  shall  receive  an  annual  salary  of  two 

thousand  dollars.  They  shall  receive  no  fees  or  perquisites  what- 
ever for  the  performance  of  any  duties  connected  with  their 
respective  offices  ;  and  the  compensation  of  officers,  if  not  fixed  by 
this  constitution,  shall  be  provided  by  law. 


ARTICLE  XIV. 

SEAT  OF  GOVERNMENT. 

Seat  of  govern-     Section  1.    The  legislative  assembly  shall  not  have  power  to 

ment,  location 

of.  establish  a  permanent  seat  of  government  for  this  State.    But  at 

the  first  regular  session  after  the  adoption  of  this  constitution,  the 
legislative  assembly  shall  provide  by  law  for  the  submission  to  the 
electors  of  this  State,  at  the  next  general  election  thereafter,  the 
matter  of  the  selection  of  a  place  for  a  permanent  seat  of  govern- 
ment ;  and  no  place  shall  ever  be  the  seat  of  government  under 
such  law  which  shall  not  receive  a  majority  of  all  the  votes  cast 
on  the  matter  of  such  election. ^ 

state  house.  Section  2.  No  tax  shall  be  levied  or  money  of  the  State  expended 
or  debt  contracted  for  the  erection  of  a  State  house  prior  to  the 
year  eighteen  hundred  and  sixty-five. 

Seat  of  govern-     Section  3.    The  seat  of  government,  when  established  as  provided 

removed.^^  ill  section  one,  shall  not  be  removed  for  the  term  of  twenty  years 
from  the  time  of  such  establishment ;  nor  in  any  other  manner 
than  as  provided  in  the  first  section  of  this  article ;  provided^  that 

Public  institu-  all  the  public  institutions  of  the  State,  hereafter  provided  for  by 

of.    '  the  legislative  assembly,  shall  be  located  at  the  seat  of  govern- 

ment. 


ARTICLE  XV. 

MISCELLANEOUS. 

Section  1.  All  officers,  except  members  of  the  legislative  assem- 
bly, shall  hold  their  offices  until  their  successors  are  elected  and 
qualified. 

1  By  act  of  October  19,  1860,  the  location  of  the  seat  of  government  was  submitted  to  the 
popular  vote  at  the  next  general  election  in  June,  1862,  and  every  general  election  thereafter,  until 
"  some  one  point "  should  receive  a  majority  of  all  the  votes  cast  upon  the  question.  At  the  elec- 
tion in  1862,  no  point  received  a  majority  of  the  votes.  At  the  election  in  1864,  Salem  received 
6,108  votes,  Portland  3,864  votes,  Eugene  1,588  votes,  and  all  other  places  577  votes ;  Salem  received 
79  majority  of  the  whole  vote  cast,  whereupon  Salem  was  duly  declared  "the  permanent  seat  of 
government." 


CONSTITUTION  OF  OHEOON  119 

Section  2.    When  the  duration  of  any  office  is  not  provided  for  8KPT.i8.ia87. 
by  this  constitution,  it  may  be  declared  by  law;  and  if  not  go  i'«°ure  of  office 
declared,  such  office  shall  be  held  during  the  pleasure  of  the 
authority  making  the  appointment.    But  the  legislative  assembly 
shall  not  create  any  office,  the  tenure  of  which  shall  be  longer  than 
four  years. 

Section  3.    Every  person  elected  or  appointed  to  any  office  under  oath  of  office, 
the  constitution  shall,  before  entering  on  the  duties  thereof,  take 
an  oath  or  affirmation  to  support  the  constitution  of  the  United 
States,  and  of  this  State,  and  also  an  oath  of  office. 

Section  4.    Lotteries,  and  the  sale  of  lottery  tickets,  for  any  pur-  Lotterie*  pm- 
pose  whatever,  are  prohibited,  and  the  legislative  assembly  shall  ^***'^^- 
prevent  the  same  by  penal  laws. 

Section  5.    The  property  and  pecuniary  rights  of  every  married  property  of 
woman,  at  the  time  of  marriage,  or  afterward  acquired  by  gift,  "oSl^ 
devise,  or  inheritance,  shall  not  be  subject  to  the  debts  or  contracts 
of  the  husband;  and  laws  shall  be  passed  providing  for  the  regis- 
tration of  the  wife's  separate  property.^ 

Section  6.    No  county  shall  be  reduced  to  an  area  of  less  than  New  couniie*. 
four  hundred  square  miles;  nor  shall  any  new  county  be  estab- 
lished in  this  State  containing  a  less  area,  nor  unless  such  new 
county  shall  contain  a  population  of  at  least  twelve  hundred  in- 
habitants. 

Section  7.     No   State   officers  or  members  of  the  legislative  officen  to 
assembly  shall  directly  or  indirectly  receive  a  fee,  or  be  engaged  aaJSJiTn  SaeJ! 
counsel,  agent,  or  attorney  in  the  prosecution  of  any  claim  against 
this  State, 

Section  8.  No  Chinaman,  not  a  resident  of  the  State  at  the  chinamen  not 
adoption  of  this  constitution,  shall  ever  hold  any  real  estate  or  ^2;f  JJf^'o^k 
mining  claim,  or  work  any  mining  claim  therein.  Silr^*  claim. 

The  legislative  assembly  shall  provide  by  law  in  the  most  effectual 
manner  for  carrying  out  the  above  provisions. 

1  "  Whatever  property  a  woman  has  at  the  time  of  the  marriage  or  afterward  acquires  by 
gift,  devise,  or  inheritance,  remains  hers  until  she  by  her  own  consent,  express  or  implied,  parts 
with  it."  Brummentt  v.  Weaver,  2  Or,  173.  As  to  third  person,  at  least,  this  provision  has  the 
effect  to  make  the  property  therein  described  the  separate  property  of  the  wife.  Starr  v.  Hamilton. 
1  Deady,  274.  As  to  what  is  the  separate  property  of  a  married  woman  by  the  acta  of  the  parties, 
independent  of  this  provision,  see  Id.  273;  Dick  v.  Hamilton,  Id.  »43.  This  provision  Is  not  retro- 
active, and  therefore  does  not  affect  rights  vested  in  the  husband  prior  to  February  U,  1859.  when 
the  constitution  went  into  effect.  Starr  v.  Hamilton,  Id.  275.  A  gift  from  the  husband,  he  acting 
in  good  faith  and  being  solvent,  is  within  this  provision.  Id.  279.  A  judgment  against  a  married 
woman  cannot  be  enforced  against  her  separate  estate,  unless  it  appears  thereftom  that  the  debt 
was  contracted  for  the  benefit  or  on  the  credit  of  such  estate.    Kennard  v.  Sax,  3  Or.  267. 


120  CONSTITUTION  OF  OREGON 

ARTICLE  XVI. 

BOUNDARIES. 

Sept.  18, 1857^     Section  1.    In  order  that  the  boundaries  of  the  State  may  be 

Boundaries  of  known  and  established,  it  is  hereby  ordained  and  declared  that 
the  State. 

the  State  of  Oregon  shall  be  bounded  as  follows,  to  wit : — 

Beginning  one  marine  league  at  sea,  due  west  from  the  point 
where  the  forty-second  parallel  of  north  latitude  intersects  the 
same,  thence  northerly  at  the  same  distance  from  the  line  of  the 
coast  lying  west  and  opposite  the  State,  including  all  islands 
within  the  jurisdiction  of  the  United  States,  to  a  point  due  west 
and  opposite  the  middle  of  the  north  ship  channel  of  the  Columbia 
river ;  thence  easterly  to  and  up  the  middle  channel  of  said  river, 
and  when  it  is  divided  by  islands,  up  the  middle  of  the  widest 
channel  thereof,^  [and  in  like  manner  up  the  middle  of  the  main 
channel  of  Snake  river]  to  the  mouth  of  the  Owyhee  river  ;  thence 
due  south  to  the  parallel  of  latitude  forty- two  degrees  north;  thence 
west  along  said  parallel  to  the  place  of  beginning,  including  juris- 
diction in  civil  and  criminal  cases  upon  the  Columbia  river  and 
Snake  river,  concurrently  with  States  and  Territories  of  which 
those  rivers  form  a  boundary  in  common  with  this  State.  But  the 
congress  of  the  United  States,  in  providing  for  the  admission  of 
this  State  into  the  Union,  may  make  the  said  northern  boundary 
conform  to  the  act  creating  the  territory  of  Washington. 


ARTICLE  XVII. 

AMENDMENTS. 

Amendments       Section  1.    Any  amendment  or  amendments  to  this  constitu- 
to  constitution. 

tion  may  be  proposed  in  either  branch  of  the  legislative  assembly, 

and  if  the  same  shall  be  agreed  to  by  a  majority  of  all  the  members 

elected  to  each  of  the  two  bougies,  such  proposed  amendment  or 

amendments  shall,  with  the  yeas  and  nays  thereon,  be  entered  on 

their  journals,  and  referred  to  the  legislative  assembly  to  be  chosen 

at  the  next  general  election  ;  and  if,  in  the  legislative  assembly  so 

next  chosen,  such  proposed  amendment  or  amendments  shall  be 

agreed  to  by  a  majority  of  all  the  members  elected  to  each  house, 

then  it  shall  be  the  duty  of  the  legislative  assembly  to  submit  such 

amendment  or  amendments  to  the  electors  of  the  State,  and  cause 

1  The  act  of  February  14, 1859,  (11  Stat.  383  ),  admitting  Oregon  into  the  Union,  changed  this 
proposed  boundary  by  substituting  the  following  description  for  that  contained  in  the  words 
enclosed  in  brackets :  "  to  a  point  near  Fort  Walla  Walla,  where  the  46th  parallel  of  north  latitude 
crosses  said  river ;  thence  east  on  said  parallel  to  the  middle  of  the  main  channel  of  the  Shoshone 
or  Snake  river  ;  thence  up  the  middle  of  the  main  channel  of  said  river." 


CONSTITUTION   OF   OREGON.  121 

the  same  to  be  published  without  delay  at  least  four  consecutive  skit.  18. 18&7. 
weeks  in  several  newspapers  published  in  this  State;  and  if  a  ma- ^""^  *"'*i**'' 
jority  of  said  electors  shall  ratify  the  same,  such  amendment  or 
amendments  shall  become  a  part  of  this  constitution. 

Section  2.  If  two  or  more  amendments  shall  be  submitted  in  Two  or  more 
such  manner,  that  the  electors  shall  vote  for  or  against  each  of 
such  amendments  separately;  and  while  an  amendment  or  amend- 
ments shall  have  been  agreed  upon  by  one  legislative  assembly, 
shall  be  awaiting  the  action  of  a  legislative  assembly,  or  of  the 
electors,  no  additional  amendment  or  amendments  shall  be  pro- 


ARTICLE  XVIII. 

SCHEDULE. 

Section  1.    For  the  purpose  of  taking  the  vote  of  the  electors  of  Election  for 

acceptance  or 
the  State  for  the  acceptance  or  rejection  of  this  constitution,  an  rejection  of  the 

election  shall  be  held  on  the  second  Monday  of  November,  in  the  ^°°*"^"*  °" 

year  1857,  to  be  conducted  according  to  existing  laws  regulating 

the  election  of  delegate  in  congress,  so  far  as  applicable,  except  as 

herein  otherwise  provided. 

Section  2.    Each  elector  who  offers  to  vote  upon  this  constitu- Questiona. 
tion,  shall  be  asked  by  the  judges  of  election  this  question: 

Do  you  vote  for  the  constitution  —  yes,  or  no? 

And  also  this  question: 

Do  you  vote  for  slavery  in  Oregon— yes,  or  no? 

And  also  this  question: 

Do  you  vote  for  free  negroes  in  Oregon— yes,  or  no? 

And  in  the  poll-books  shall  be  columns  headed  respectively, 
"constitution,  yes";  "constitution,  no";  "free  negroes,  yes"; 
"free  negroes,  no";  "slavery,  yes";  "slavery,  no." 

And  the  names  of  the  electors  shall  be  entered  in  the  poll-books,  R^»J}^  ^^ 
together  with  their  answers  to  the  said  questions,  under  their 
appropriate  heads.  The  abstracts  of  the  votes  transmitted  to  the 
Secretary  of  the  Territory,  shall  be  publicly  opened  and  canvassed 
by  the  Governor  and  Secretary,  or  by  either  of  them  in  absence  of 
the  other;  and  the  Governor,  or  in  his  absence  the  Secretary,  shall 
forthwith  issue  his  proclamation, ^  and  publish  the  same  in  the 

1  The  following  is  the  proclamation : 

Whereas  the  people  of  the  Territory  of  Oregon,  through  their  delegates  in  congress  assembled, 
prepared  a  constitution  for  their  government  under  a  State  organizaUon.  and  submitted  the  same 
with  certain  propositions,  to  be  approved  and  determined  at  an  election  which  WM  held  in  the 


122  CONSTITUTION  OF  OREGON. 

Sept.  18, 1857.  several  newspapers  printed  in  this  State,  declaring  the  result  of 
Same  subject,   the  said  election  upon  each  of  said  questions. 

When  constitu-     Section  3.    If  a  majority  of  all  the  votes  given  for  and  against 

tion  to  be  ./        ./  o  o 

adopted  or  re-  the  constitution  shall  be  given  for  the  constitution,  then  this  con- 
stitution  shall  be  deenaed  to  be  approved  and  accepted  by  the 
electors  of  this  State,  and  shall  take  effect  accordingly ;  and  if  a 
majority  of  such  votes  shall  be  given  against  the  constitution,  then 
this  constitution  shall  be  deemed  to  be  rejected  by  the  electors  of 
the  State,  and  shall  be  void. 

If  majority  of     Section  4.    If  this  constitution  shall  be  accepted  by  the  electors, 

votes   OASt    for 

slavery, section  and  a  majority  of  all  the  votes  given  for  and  against  slavery,  shall 
the  bin  of^  °  be  given  for  slavery,  then  the  following  section  shall  be  added  to 
rights.  |.jjg  i^m  ^^  rights,  and  shall  be  part  of  this  constitution  :— 

"  Section  — .  Persons  lawfully  held  as  slaves  in  any  State,  Ter- 
ritory, or  district  of  the  United  States,  under  the  laws  thereof, 
may  be  brought  into  this  State  ;  and  s\ich  slaves  and  their  descend- 
ants may  be  held  as  slaves  within  this  State,  and  shall  not  be 
emancipated  without  the  consent  of  their  owners." 
If  majority  of     And  if  a  majority  of  such  votes  shall  be  given  against  slavery, 

votes  ffiven 

against  slavery  then  the  foregoing  section  shall  not,  but  the  following  section  shall 
be  added  to  the  bill  of  rights,  and  shall  be  a  part  of  this  constitu- 
tion :— 

"Section  — .  ^There  shall  be  neither  slavery  nor  involuntary 
servitude  in  this  State,  otherwise  than  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted." 

If  majority  of  And  if  a  majority  of  all  the  votes  given  for  and  against  free 
votes  given  j        ./  o  o 

against  free  negroes  shall  be  given  against  free  negroes,  then  the  following  sec- 
tion shall  be  added  to  the  bill  of  rights,  and  shall  be  a  part  of  this 
constitution : — 


negroes. 


said  Territory  on  the  9th  day  of  November,  A.  D.  1857,  in  conformity  to  the  provisions  made  by 
said  convention  of  delegates ;  and 

Whereas  it  was  provided  further  by  said  convention  of  delegates  that  the  result  of  said  election 
should  be  announced  by  executive  proclamation ; 

Therefore,  to  that  end  it  is  hereby  declared  and  made  known  that  at  the  said  election,  held  on 
the  9th  day  of  November,  A.  D.  1857,  there  were  7,195  votes  given  for  the  adoption  of  the  said  con- 
stitution, and  3,195  votes  against  its  adoption.  There  were  2,646  votes  given  in  favor  of  slavery,  and 
7,727  votes  against  slavery ;  and  there  were  given  1,081  votes  in  favor  of  permitting  the  residence 
of  free  negroes,  and  8,640  votes  against  the  same. 

In  testimony  whereof  I  have  hereunto  set  my  official  slgna- 
[  L.  s.  ]  ture,  and  caused  the  seal  of  the  Territory  to  be  affixed 

at  Salem,  this  14th  day  of  December,  A.  D.  1857. 
By  the  Governor  :  GEORGE  L.  CURRY, 

B.  F.  Harding,  Secretary. 
December  9,  1857. 

1  See  clause  34  of  bill  of  rights. 


GONbTITUTION  OF  OREGON.  123 

"  Section  — .  ^No  free  negro  or  mulatto,  not  residing  in  this  Rtate  jept.  18,  18W. 
at  the  time  of  the  adoption  of  this  constitution,  shall  come,  reside,  8«n«  tabjactT 
or  be  within  this  State,  or  hold  any  real  estate,  or  make  any  con- 
tracts, or  maintain  any  suit  therein;  and  the  legislative  assembly 
shall  provide  by  penal  laws  for  the  removal  by  public  officers  of 
all  such  negroes  and  mulattoes,  and  for  their  effectual  exclusion 
from  the  State,  and  for  the  punishment  of  persons  who  shall  bring 
them  into  the  State,  or  employ  or  harbor  them." 

Sections.  Until  an  enumeration  of  the  white  inhabitants  of A'portionment 
the  State  shall  be  made,  and  the  Senators  and  Representatives  rcpresentatwe* 
apportioned  as  directed  in  the  constitution,  the  county  of  Marion 
shall  have  two  Senators  and  four  Representatives;  Lane,  two 
Senators  and  three  Representatives;  Clackamas  and  Wasco,  one 
Senator  jointly,  and  Clackamas  three  Representatives  and  Wasco 
one  Representative;  Yamhill,  one  Senator  and  two  Representa- 
tives; Polk,  one  Senator  and  two  Representatives;  Benton,  one 
Senator  and  two  Representatives;  Multnomah,  one  Senator  and 
two  Representatives;  Washington,  Columbia,  Clatsop,  and  Tilla- 
mook, one  Senator  jointly,  and  Washington  one  Representatives, 
and  Washington  and  Columbia  one  Representative  jointly,  and 
Clatsop  and  Tillamook  one  Representative  jointly;  Douglas,  one 
Senator  and  two  Representatives;  Jackson,  one  Senator  and  three 
Representatives;  Josephine,  one  Senator  and  one  Representative; 
Umpqua,  Coos,  and  Curry,  one  Senator  jointly,  and  Umpqua  one 
Representative,  and  Coos  and  Curry  one  Representative  jointly. 

Section  6.    If  this  constitution  shall  be  ratified,  an  election  shall  Election  under 
be  held  on  the  first  Monday  in  June,  1858,  for  the  election  of  mem- tio1,^na  oiwin- 
bers  of  the  legislative  assembly,  a  representative  in  congress,  and  ^^^^^  ***  "** 
State  and  county  officers,  and  the  legislative  assembly  shall  con- 
vene at  the  capital  on  the  first  Monday  of  July,  1858,  and  proceed 
to  elect  two  senators  in  congress,  and  make  such  further  provision 
as  may  be  necessary  to  complete  the  organization  of  a  State  gov- 
ernment. 

Section  7.    All  laws  in  force  in  the  Territory  of  Oregon  when  Former  Uwa. 
this  constitution  takes  effect,  and  consistent  therewith,  shall  con- 
tinue in  force  until  altered  or  repealed. 

Section  8.    All  officers  of  the  Territory  of  Oregon,  or  under  its  Officerejo^wB^ 
laws  when  this  constitution  takes  effect,  shall  continue  in  office  unUL 
until  superseded  by , the  State  authorities. 

Section  9.    Crimes  and  misdemeanors  committed  against  the  crimes  against 
Territory  of  Oregon  shall  be  punished  by  the  State  as  they  might  ^^"^   *""  ^^' 

1  See  clause  35  of  bill  of  rights. 


124 


CONSTITUTION  OF  OREGON. 


Same  subject. 

Saving  of  exist- 
ing rights  and 
liabilities. 


Judicial  dis- 
tricts. 


Sept.  18, 1857.   have  been  punished  by  the  territory  if  the  change  of  government 
had  not  been  made. 

Section  10.  All  property  and  rights  of  the  Territory  and  of  the 
several  counties,  subdivisions,  and  political  bodies  corporate  of  or 
in  the  Territory,  including  fines,  penalties,  forfeitures,  debts,  and 
claims  of  whatsoever  nature,  and  recognizances,  obligations,  and 
undertakings  to  or  for  the  use  of  the  Territory  or  any  county,  polit- 
ical corporation,  office,  or  otherwise  to  or  for  the  public,  shall  enure 
to  the  State,  or  remain  to  the  county,  local  division,  corporation, 
officer,  or  public  as  if  the  change  of  government  had  not  been 
made ;  and  private  rights  shall  not  be  affected  by  such  change. 

Section  11.  Until  otherwiee  provided  by  law,  the  judicial  dis- 
tricts of  the  State  shall  be  constituted  as  follows  :  The  counties  of 
Jackson,  Josephine,  and  Douglas  shall  constitute  the  first  district; 
the  counties  of  Umpqua,  Coos  and  Curry,  Lane  and  Benton  shall 
constitute  the  second  district;  the  counties  of  Linn,  Marion,  Polk, 
Yamhill,  and  Washington  shall  constitute  the  third  district;  the 
counties  of  Clackamas,  Multnomah,  Wasco,  Columbia,  Clatsop, 
and  Tillamook  shall  constitute  the  fourth  district;  and  the  county 
of  Tillamook  shall  be  attached  to  the  county  of  Clatsop  for  judicial 
purposes. 
Attestation.  Done  in  convention  at  Salem  the  eighteenth  day  of  September, 

in  the  year  of  our  Lord  one  thousand  eight  hundred  and  fifty- 
seven,  and  of  the  independence  of  the  United  States  the  eighty- 
second. 

MATTHEW  P.   DEADY, 

CHESTEB  N.  TERRY,  President. 

Secretary. 


MISCELLANEOUS. 


CHAPTER.  V. 


Including  suggestions  to  superintendents  and  institute  conductors ;  sugges- 
tions for  thie  use  of  school  officers ;  school  architecture. 


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128  MISCELLANEOUS. 

INSTITUTE  WORK. 

THE  MAJOR  OBJECTS  OF  THE  INSTITUTE. 

1.  To  acquaint  teachers  with  the  best  and  latest  methods  of  instruction. 

2.  To  increase  the  efficiency  of  teachers  by  giving  a  distinct  idea  of  the  true  ends  of  educa- 
tion ;  by  giving  some  knowledge  of  the  science  of  teaching ;  by  illustrating  latest  methods  of 
imparting  instruction  ;  by  giving  a  correct  idea  of  what  constitutes  a  good  school. 

3.  To  secure  a  uniformity  of  work  in  methods  of  organization  ;  in  school  records,  schedules, 
programmes,  etc.;  in  school  government ;  in  school  recitations. 

4.  The  institute  awakens  a  general  interest  in  education. 

MINOR  OBJECTS. 

1.  To  gain  inspiration  in  teaching. 

2.  To  gain  professional  information. 

3.  To  learn  to  avoid  " stereotype  methods,"  or  "ruts." 

4.  Teachers  may  compare  themselves  professionally  with  their  associate  teachers. 

5.  The  institute  produces  a  feeling  of  professional  pride,  a  necessary  element  to  secure  success. 

6.  To  correct  prevailing  faults,  consisting  of :  Waste  of  time  in  movement  of  classes ;  in  con- 
ducting recitations  and  managing  classes ;  in  repeating  work  done  by  predecessors ;  wrong, 
methods  arising  from  lack  of  experience. 

WAYS  AND  MEANS.    " 

1.  Lectures  and  talks.  5.    General  discussion. 

2.  Class  exercises  for  illustrations.  6.    Critic's  work. 

3.  Questions  and  answers.  7.    Query  box. 

4.  Diagrams  and  notes. 

SUGGESTIONS  TO  MEMBERS. 

1.  Attend  each  session  promptly  and  regularly. 

2.  Make  copious  notes  of  the  work  done,  and  keep  them  for  future  use  in  the  schoolroom. 

3.  Give  your  earnest  attention  to  the  instructors,  and  enter  heartily  into  all  general  exercises. 

4.  Ask  questions  of  instructors  at  the  close  of  each  exercise. 

5.  In  conducting  general  discussions,  the  conductor  should  require  members  participating  to 
confine  themselves  to  the  general  principles  of  the  question  in  hand,  and  not  distort  the  discussion 
into  "pet"  specialties  or  personalities.  Members  should  remember  that  the  institute  is  a  school, 
and  not  a  debating  society ;  instructors,  that  they  are  to  teach  rather  than  lecture. 

GENERAL  SUGGESTIONS. 

1.  It  is  the  province  of  the  institute  to  show  that  the  teacher  is  awake  to  the  highest  interests 
of  his  profession,  and,  through  his  agency,  the  meritorious  teacher  is  afforded  the  opportunity  of 
organized  improvement. 

2.  The  conductor  should  require  members  to  be  punctually  present,  and  no  time  should  be 
lost  with  useless  preliminaries;  neither  should  he  permit  the  exercises  to  become  dull  and 
monotonous. 

3.  Promptness  and  dispatch  should  mark  all  rulings  of  the  conductor ;  much  of  the  interest 
and  profit  arising  from  the  institute  may  be  secured  by  prompt  and  equitable  decisions.  The  con- 
ductor should  not  retard  the  work  with  lengthy  discussions  of  technicalities,  nor  should  the  time 
of  the  institute  be  consumed  nor  its  best  purposes  thwarted  by  an  ostentatious  display  of  parlia. 
mentary  usage. 

4.  The  place  of  meeting  is  important,  and  should  be  well  considered.  The  time  is  equally 
important,  and  other  features  being  favorable,  the  most  convenient  session  is,  perhaps,  during 
the  summer  vacation. 

5.  The  notice  of  the  meeting  should  be  ample,  by  programme,  circulars,  and  the  public  press. 
G.    In  the  normal  institute,  if  the  attendance  of  teachers  is  very  large,  more  effective  work 

may  be  secured  by  making  subdivisions  of  classes. 


MISCELLANEOUS.  129 

SUGGESTIONS  FOR  THE  USE  OF  SCHOOL  OFFICERS. 

SCHOOL  MEETINGS. 

1.  Notice  of  all  district  meetings  should  be  given  as  prescribed  by  law,  and  the  object  for 
which  the  meeting  is  called  should  be  explicitly  and  minutely  set  forth. 

2.  The  presiding  officer  is  designated  in  section  36  of  the  school  law.  It  is  bis  duty  to  call 
the  meeting  to  order,  and,  on  the  appearance  of  a  quorum,  to  proceed  to  business. 

3.  The  clerk  of  the  district  is  ex  officio  secretary  of  the  meeting,  and  it  is  his  duty  to  record  all 
motions  voted  upon  by  the  meetings,  also  all  items  of  importance  to  the  district  should  be  noted, 
the  minutes  being  completed,  if  possible,  and  presented  to  the  meeting  prior  to  adjournment  All 
minutes  should  be  properly  recorded  and  preserved  in  the  district  record-book. 

4.  The  chairman  of  the  meeting  should  preserve  order,  and  he  may  speak  on  points  qf  order 
in  preference  to  other  members.  He  decides  all  points  and  questions  of  order,  subject  to  an 
appeal  to  the  meetiug  by  motion  regularly  made  and  seconded,  and  no  other  basinew  shall 
succeed  iintil  the  question  on  appeal  has  been  determined.  The  form  of  putting  a  question  on 
appeal  is  as  follows :  "Shall  the  decision  of  the  chair  stand  as  the  judgiuent  of  the  meetingr** 
The  chairman  may  vote  on  an  appeal.  No  second  appeal  should  be  entertained  until  the  original 
appeal  is  disposed  of. 

5.  The  chairman  should  put  all  questions  clearly  in  order,  but  he  should  not  put  irregular 
motions,  or  motions  made  at  improper  times. 

6.  All  business  coming  before  the  meeting  should  be  in  the  form  of  a  written  resolution, 
order,  or  motion.    This  is  regular,  and  will  aid  the  clerk  in  keeping  accurate  minutes. 

7.  The  chairman,  in  putting  a  question,  should  rise  in  his  place  and  distinctly  state  the 
motion.  All  questions  should  be  put  in  the  order  in  which  they  are  moved.  After  a  motion  is 
stated  by  the  chairman  it  is  in  possession  of  the  meeting  to  be  disposed  of  by  vote.  The  question 
may  be  withdrawn  by  the  mover,  pending  discussion,  before  a  decision  is  reached  or  before  an 
amendment  is  offered,  except  a  motion  to  reconsider. 

8.  No  member  is  entitled  to  address  the  meeting  except  under  a  pending  motion  which  has 
been  seconded,  or  by  special  privilege  or  rule  of  the  meeting. 

9.  No  member  is  entitled  to  speak  more  than  twice  upon  the  same  question,  except  by  special 
permission  of  the  meeting. 

10.  The  following  motions  take  precedence  over  all  others :  The  moti<-n  to  adjourn,  the 
motion  to  lay  on  the  table,  the  motion  for  the  previous  question,  the  motion  to  postpone.  These 
several  motions  are  not  debatable. 

11.  The  motion  to  adjourn  is  first  in  order,  and  always  in  order;  but  having  once  failed,  it 
should  not  be  repeated  until  other  business  has  been  transacted. 

12.  The  motion  to  lay  on  the  table  is  a  temporary  one;  its  main  purpose  usoally  is  to  secure  time 
for  consideration  before  the  previous  question  is  ordered. 

13.  The  previous  question  is  disposed  of  as  follows :  The  chairman  demands,  "  ShaU  the  main 
question  be  now  put?"    After  it  is  moved,  the  motion  is  not  debatable. 

14.  Indefinite  postponement  is  the  last  motion  before  the  vote  In  passing  or  rejecting  any 
proposition. 

15.  Members  have  an  equal  right  to  the  floor,  and  when  two  or  more  rise  at  once,  the  chair- 
man names  the  one  entitled  to  speak  ;  provided,  that  no  member  should  be  allowed  to  speak  more 
than  once  till  other  members  have  been  granted  the  same  privilege. 

16.  No  member  speaking  should  be  interrupted  by  another  but  by  rising  tocaUto  order. 

n.  Any  member  may  call  for  a  "division  "  of  a  question  when  the  sense  will  admit  of  it.  and 
the  chairman  should  decide  this,  generally,  without  appeal. 

18     The  unfiyiished  business  of  any  meeting  should  have  preference  at  any  meeting  immediately 
subsequent.    The  usual  rule  in  this  case  seems  to  be  that  all  questions  relating  to  the  prforar«ir 
business  to  be  acted  upon  shall  be  decided  without  debate. 
9 


130  MISCELLANEOUS. 

19.  No  rule  or  order  should  be  dispensed  with,  altered,  or  repealed  unless  two  thirds  of  the 
members  present  consent  thereto. 

20.  To  prevent  hasty  and  inconsiderate  action  on  matters  which  may  not  be  well  understood 
at  once,  and  perhaps,  to  prevent  long  and  irrelevant  debate,  every  motion,  order,  or  resolution, 
offered  by  members,  should  he  reduced  to  writing  prior  to  the  presentation  to  the  secretary  or  meeting. 


SCHOOL  ARCHITECTURE. 

In  view  of  the  fact  that  over  one  hundred  and  twenty  schoolhouses  have 
been  erected  annually  for  the  last  six  years  in  this  State,  it  has  been  thought 
useful  to  school  patrons  and  school  officers  to  suggest  some  approved  plans  in 
school  architecture. 

As  the  Superintendent  of  Public  Instruction  is  frequently  consulted  person- 
ally, and  also  by  letter,  relative  to  plans  for  district  schoolhouses,  the  addition 
here  made  will,  in  a  measure,  meet  this  general  want. 

Reports  of  the  leading  school  systems  in  the  United  States  have  been  care- 
fully examined,  and  in  addition  to  this,  valuable,  suggestions  have  been  re- 
ceived from  eminent  architects  in  this  State. 


COUNTRY  SCHOOLS. 


LOCATION. 


1.  It  is  assumed  that  the  school  district  has  been  accurately  surveyed,  and  the  metes  and 
"bounds  recorded.  Without  this  the  choice  must  be,  to  some  extent,  guess  work.  The  location 
should  be  as  near  as  may  be  convenient  to  the  geographical  center  of  the  district ;  but  reference 
must  be  had  to  the  roads  by  which  it  can  be  reached  and  the  impediments  that  may  lie  in  the  way. 
In  rural  districts  the  geographical  center,  when  access  is  easy,  should  be  preferred  to  the  center  of 
population,  because  the  latter  is  liable  to  change. 

SITE. 

2.  Hollows  and  the  edges  of  swamps  should  be  avoided.  Hill  tops  are  also  objectionable.  A 
•moderate  elevation,  from  which  the  ground  slopes  in  all  directions,  is  to  be  preferred.  A  piece  of 
woods,  which  would  shelter  the  house  from  the  prevalent  winds  of  winter,  is  a  great  protection ; 
but  no  trees  should  be  allowed  to  stand  within  fifty  feet  of  the  building. 

ORIENTATION. 

3.  This  question  has  not  yet  been  settled  by  theorists.  So  much  depends  on  the  location  and 
the  site,  and  the  kind  of  building  that  is  erected,  that  no  general  rule  can  be  given.  Considering 
that  the  country  schoolhouse  is  usually  closed  for  about  four  months  in  summer,  it  will  generally 
be  most  convenient  to  have  the  house  built  so  that,  pupils  may  sit  facing  the  north  ;  the  windows 
should  then  be  on  the  east  and  west  sides. 

PLAN   AND  SIZE. 

'4.  Let  us,  for  the  sake  of  simplicity,  confine  our  attention  to  the  country  schoolhouse,  with 
■one  teacher  and  an  attendance  of  from  twenty  to  fifty  pupils.  In  such  schoolhouse,  more  than 
two  thirds  of  the  people  of  the  United  States  have  received  and  will  receive  their  elementary 
education.    A  square  house  is  objectionable.    The  length  should  be  about  one  third  greater  than 


MISCELLANEOUS.  181 

the  width.  This  gives  room  for  the  teacher's  platform  and  for  a  recitation  bench,  and  pUc«i  the 
desks  in  a  square  block  in  front  of  the  teacher.  There  should  be  at  least  twelve  square  feel  of 
floor  space  for  each  pupil.  The  ceiling  should  be  twelve  and  a  half  feet  in  average  height :  thU 
will  allow  each  pupil  120  cubic  feet  of  air  space,  and  under  no  circumstances  Phould  there  be  laai 
than  this  amount.  A  house  24x  18,  inside  measurement,  will  accommodate  twenty-two  pupils ;  a 
house  28  X  21  will  accommodate  forty  pupils ;  24  x  32,  fifty  pupils.  It  is  advisable  to  build  a  house 
large  enough  for  an  attendance  one  fourth  larger  than  the  number  usually  going  to  school  in  the 
'district.    The  new  house  attracts  better  teachers,  and  the  doule  attraction  secures  more  pupils. 

lilGHT,   HEAT,   AND  VENTILATION. 

5.  If  the  teacher's  platform  is  on  the  north  side  of  the  house  and  the  pupils'  entrance  on  the 
south  side,  the  windows  should  be  on  the  east  and  west  — none  on  the  other  sides.  The  eastern 
windows  should  be  grouped  towards  the  north,  and  the  western  windows  should  be  grouped 
towards  the  south.  If  the  windows  are  equally  distributed  over  the  walls,  the  lighting  is  bad  for 
some  purposes,  and  there  is  no  good  place  for  blackboards.  If  two  fifths  of  the  length  of  each  of 
the  two  walls  (the  eastern  and  western)  is  assigned  to  a  group  of  windows,  the  remaining  wall- 
space  is  ample  for  blackboard  surface,  and  each  blackboard  is  exactly  opposite  to  a  window.  The 
placing  of  blackboards  on  the  piers  between  the  windows  is  very  objectionable.  Whether  the 
blackboard  surface  is  wood,  or  slate,  or  plaster,  it  should  be  a  permanent  part  of  the  wall  itself. 
Slate  is  in  the  long  run  the  cheapest,  as  it  is  also  the  best  material.  Movable  blackboards  in  small 
houses  are  troublesome. 

A  ventilating  stove  is  the  best  available  source  of  heat.  It  costs  little  more  than  an  ordinary 
stove.  Almost  any  stove  can  be  converted  into  a  *'  ventilator  "  by  surrounding  it  with  a  sheeMron 
jacket  and  bringing  a  tube  from  the  exterior  air  to  the  space  between  the  stove  and  the  outer 
casing.  The  chimney  flue  should  be  divided  longitudinally  into  two  parts,  one  for  the  escape  of 
smoke  and  the  other  for  the  escape  of  vitiated  air.  The  opening  for  the  latter  purpose  should  be 
at  or  very  near  the  floor.  The  best  place  for  the  stove  is  usually  the  northwest  corner  of  the  house. 
Two  moderate-sized  stoves,  placed  in  different  corners,  are  better  than  one  large  one.  Only  one 
of  them  is  needed  in  moderate  weather,  and  two  will  make  the  room  comfortable  in  the  coldest 
part  of  winter.  A  large  stove  in  the  middle  of  the  schoolroom  is  an  unsightly  obstruction,  and 
tends  to  produce  disorder.  A  ventilating  stove  placed  in  the  northwest  corner,  with  a  stovepipe 
extending  almost  to  the  ceiling,  and  by  a  horizontal  branch  entering  a  fine  in  the  southwest  cor- 
ner, will  give  an  almost  equable  temperature  in  all  parts  of  the  room.  The  opening  into  such  a 
smoke-flue  near  the  floor  will  be  a  very  efficient  aid  to  ventilation,  but  the  opening  should  be  pro- 
tected by  a  register  which  can  be  closed  at  pleasure. 

It  frequently  happens  that  such  aids  to  ventilation  as  have  been  described  are  not  sufficienL 
Our  reliance  must  then  be  placed  on  the  doors  and  windows.  The  windows  should  be  within 
twelve  inches  of  the  ceiling,  and  should  come  down  to  the  level  of  the  desks.  They  should  be  in 
two  sashes,  with  cords  and  pulleys  to  move  up  and  down.  It  is  quite  a  common  practice  to  lower 
the  top  sashes  a  few  inches,  and  keep  them  in  this  position  while  the  school  Is  in  session.  This  Is 
a  double  error  —  it  lets  out  the  pure,  warm  air,  which  we  wish  to  retain.and  lets  in  a  stream  of  cold 
air  directly  on  the  heads  of  the  pupils.  If  the  ventilating  flue,  with  an  opening  at  the  floor,  is  not 
sufficient  to  carry  oft'  the  impure  air,  the  best  plan  is  to  open  every  door  and  window  in  the  build- 
ing for -one  or  two  minutes,  not  more  than  three  minutes,  and  when  the  room  has  been  thoroughly 
flushed  with  fresh  air,  close  all  the  openings.    If  necessary,  the  operation  may  be  repeated  at  the 

end  of  every  hour. 

WARDROBES  OR  CLOAK    ROOMS. 

6.  A  place  for  depositing  the  outer  garments  in  safety  and  in  an  orderly  manner  is  a  neceadty 
in  even  cheapest  and  smallest  schoolhouses.  Such  a  place  is  often  obtained  by  building  a  vesti- 
bule  in  front  of  the  house.  This  arrangement  improves  the  external  appearance  of  the  house, 
but  it  is  comparatively  costly  and  not  free  from  other  objections.  The  cheapest  and  be-«t  plan  In 
a  house  of  only  one  room  is  to  cut  oft'  from  the  south  side  of  the  room  two  small  cloak  rooms,  one 
for  the  boys  and  one  for  the  girls.     The  pupils'  entrance  is  by  a  door  leading  into  the  small 


132  MISCELLANEOUS, 

age  between  these  two  closets.  There  is  no  door  to  the  closets;  an  arched  doorway  always  open 
exposes  the  interior  of  the  closets  at  all  times  to  the  eye  of  the  teacher,  whose  desk  is  in  the  north 
side  of  the  house.  These  closets  should  be  furnished  with  suitable  clothes-pins,  and  with  shelves 
to  hold  lunch  baskets. 

LARGER    HOUSES. 

7.  If  two  rooms  are  needed  they  should  be  on  the  same  floor  and  separated  by  a  glass  parti- 
tion with  moveable  sashes.  A  front  room  34x32,  and  a  back  room  24x30,  will  accommodate  about 
one  hundred  pupils.  The  flues  should  be  in  the  walls  adjoining  the  partition.  For  three  rooms 
the  building  should  be  of  a  T  shape,  the  perpendicular  line  representing  a  room  24x32,  and  the 
horizontal  line  two  rooms,  each  28x21,  The  flues  may  be  conveniently  placed  in  the  angles  where 
the  front  building  adjoins  the  rear  building.  For  four  rooms  place  a  corridor  six  feet  wide 
between  two  sets  of  rooms,  such  as  are  described  in  the  beginning  of  this  paragraph.  It  is  only 
when  more  than  four  rooms  are  needed,  or  where  the  ground  is  unusually  expensive,  that  a  two- 
story  house  should  be  built. 

PLASTERING. 

8.  As  most  of  country  schoolhouses  are  closed  during  nearly  half  the  year,  the  plastering  is 
apt  to  be  affected  by  the  damp.  The  walJs  shouJd  be  wainscoted  to  the  height  of  four  feet  from 
the  floor.  If  the  rest  of  the  wall  were  sheathed  with  wood  of  a  lighter  color  than  the  wainscoting 
and  the  ceiling  covered  with  the  same  material,  it  would  be  found  much  better  than  plaster,  more 
ornamental,  more  durable,  and  not  so  much  more  expensive.     ^\ 

OUTBUILDINGS.  ^ 

9.  The  health  and  comfort  of  teacher  and  pupils  demand  :— 

First  — That  a  substantial  woodshed  be  built  and  a  sufficient  supply  of  good  fuel  be  placed 
therein  at  the  beginning  of  each  teim. 

Second  —  Common  decency  always  demands  that  water-closets  be  provided  and  placed  in 
the  opposite  rear  angles  of  the  school  yard,  or  in  some  other  convenient  situation. 

Gravel,  plank,  or  brick  should  be  laid  from  the  schoolhouse  to  these  buildings.  The  advan- 
tages of  placing  these  closets  in  easy  and  convenient  communication  with  the  schoolroom  are 
numerous.  The  fierce  winds  in  winter,  the  wet  and  soft  grounds  in  fall  and  spring,  are  dangerous 
exposures  to  delicate  children  in  leaving  a  hot  room,  and  who  are  compelled  to  traverse  the  length 
of  the  play-ground  through  mud  and  water  to  a  mean  and  miserable  shed  through  which  the 
wind  constantly  and  freely  blows.  These  water  closets  should  be  simple  and  substantial  in 
construction,  and  not  too  large.  Two  feet  and  a  half  room  is  ample  for  each  child,  and  never 
under  any  circumstances  should  there  be  two  seats  in  the  same  enclosure.  Each  seat  should 
be  in  an  enclosure  by  itself,  and  the  screens  between  each  one  should  be  six  feet  in  height, 
or  more.  In  very  many  delicate  and  nervous  children  nature  refuses  to  perform  its  usual 
functions,  however  great  the  necessity,  in  the  presence  of  others  or  under  unaccustomed  cir- 
cumstances, and  a  decent  privacy  in  the  school  conveniences  is  necessary  to  save  such  from 
daily  pain,  and  more  often,  serio^is  consequences.  The  promiscuous  arrangement  and  condition 
of  the  ordinary  school  privileges  urgently  demand  that  these  necessary  appliances  should  receive 
at  least  as  much  care  as  the  other  circumstances  of  school  life. 

APPARATUS. 

10.  Globes,  charts,  numeral  frames,  outline  wall  maps,  ink,  paper,  textbooks,  cube  and  square 
root  blocks  are  necessary  appliances  for  the  efficient  management  of  every  school. 

FURNITURE. 

11.  Among  the  indispensible  articles  of  furniture  are  a  few  chairs,  a  teacher's  table,  black- 
boards and  crayons,  a  clock,  a  dictionary,  a  water  pail  and  cups,  pointers,  erasers,  brooms,  and 
brushes.  Each  school  should  be  furnished  with  a  closet  in  which  the  movable  property  may  be 
secured. 


INDEX. 


INDEX. 


SCHOOL  LAWS. 

BLIND-  PAOB 

Institute  for  the 4g 

Funds  appropriated 4K 

Board  of  trustees,  duties  of 48 

Free  education,  who  entitled  to 48 

Non-residents  may  be  received  when 48 

COUNTY  BOARD  OF  EXAMINERS— 

How  selected 19 

Salary  of 1* 

To  constitute  quorum 1!» 

To  meet  when 15» 

Time  to  be  absolute  and  uniform 1* 

Certificates  to  be  of  three  grades 1» 

First  grade  to  be  issued  to  whom 19 

Second  grade ai> 

Third  grade  not  to  be  issued  to  same  person  more  than  once 2ty 

Fees  for 20 

Temporary  or  permits  may  be  issued  when —  20" 

Teachers  holding  first  grade  to  be  granted  State  certificates  when 21 

To  be  granted  State  diploma  when 21 

COUNTY  SCHOOL  SUPERINTENDENT  — 

How  elected '* 

To  hold  office  for >* 

Shall  qualify  within  thirty  days 1* 

Salary  of >* 

Neglect  of  duty,  penalty  for ** 

Duties  of,  to  lay  off  counties  into  convenient  districts 1& 

To  make  record  of  boundaries,  etc ^^ 

When  new  districts  established,  to  notify '• 

May  establish  new  districts,  when ** 

School  property,  how  divided ^ 

To  apportion  school  funds '* 

To  keep  an  account  with  county  treasurer ^" 

To  take  care  of  school  lands " 

To  issue  certificates  to  teachers 

To  receive  fees 

To  visit  schools  taught  in  county ^ 

To  make  annual  report 

22 

To  submit  annual  financial  report ** 

To  turn  over  books  and  papers  to  successor  in  office *2 

fo  hear  and  examine  and  decide  appeals ^ 


136  INDEX. 

COUNTY  SCHOOL  SUPERINTENDENT  —  CONCLUDED.  page 

To  arrange  a  course  of  study 22 

To  have  advisory  power  in  location  of  schoolhouses 22 

To  make  special  reports 22 

To  act  as  ex  officio  member  of  state  board  of  examiners 22 

To  appoint  deputy '. 22 

To  advise  and  consult  with  boards  of  directors 22 

To  use  uniform  series  of  blanks,  etc 23 

To  hold  local  educational  meetings 23 

To  receive  pay  for  special  services 23 

To  hold  an  annual  county  institute 23 

May  be  removed  by  county  court  for  cause 24 

Vacancy  in  office,  how  filled 24 

COMPULSORY  EDUCATION  — 

Parents  must  send  children  to  school 42 

Penalty  for  neglect 42 

Directors  and  clerks  to  enforce 42 

What  courts  have  jurisdiction 42 

CONSTITUTION  OF  THE  STATE   OF    OREGON _^ 95 

DEFECTIVE  AND  AFFLICTED  CHILDREN  — 

Act  approved  February  21, 1891,  increasing  the  efficiency  of  special  schools  for 52 

DIRECTORS,  DUTIES  OF  — 

To  authorize  clerk  to  call  special  meetings 26 

To  issue  warrants  authorizing  clerks  to  collect  tax 26 

To  furnish  schools  with 26 

To  buy,  lease,  or  build  schoolhouses,  vrhen 27 

To  contract  a  debt,  when 27 

To  levy  a  tax,  when 27 

To  carry  out  wishes  of  district 27 

To  employ  teachers 27 

To  visit  schools 27 

May  exclude  refractory  pupil 27 

To  audit  claims  against  the  district 27 

To  require  bond  from  district  clerk 27 

To  examine  and  correct  assessment  roll 28 

To  levy  rate  bills 28 

May  purchase  apparatus 28 

May  authorize  German  to  be  taught 28 

To  have  entire  control  of  schools  and  teachers 28 

May  establish  rules 28 

To  enter  into  written  contract  when  employing  teacher 28 

To  issue  school  orders,  when 29 

Two  shall  constitute  quorum 29 

Duty  must  be  performed  at  regular  or  special  meetings 29 

May  buy  apparatus 30 

May  establish  kindergartens 31 

All  demands  to  be  approved  by 29 

To  authorize  chairman  and  clerk  to  draw  warrants 29 

To  dismiss  teachers,  only 29 

To  prosecute  persons  for  defacing  school  property 30 

To  locate  schoolhouse  sites *_  30 


INDEX.  137 

DIRECTORS,  DUTIES  OF  — Concluded,  ^^^^ 

Meetings  of,  how  convened 30 

To  provide  district  map 3q 

To  issue  school  bonds 3q 

To  purchase  apparatus 34 

To  establish  kindergarten  schools 34 

Vacancy  in  board,  how  filled ^ 

Penalty  for  neglect  of  duty 34 

DISTRICTS— 

Are  corporations 34 

Report  of,  unless  tiled,  forfeit  school  funds 35 

Must  have  school  taught,  provided 35 

To  be  formed  of  contiguous  territory 36 

May  be  in'two  or  more  counties 36 

Clerk  to  report 36 

Certificate  from  either  county  sufficient 37 

DISTRICT  MEETINGS - 

Legal  voters  at SS 

Minutes  to  be  signed 86 

Voting,  how  to  be  done 56 

Educational  offices  held  by  women GO 

IRREDUCIBLE  SCHOOL  FUND  — 

What  comprises  the 50 

Who  constitutes  board  to  control «■»! 

Board  may  demand  services  of  county  officers 51 

Compensation  of  agents 52 

LIEU  LANDS  — 

Selection  of —       50 

Manner  of  obtaining ^ 

NORMAL  SCHOOLS  — 

Schools  at  Ashland,  Jackson  county,  the  normal  school  at  Drain,  Douglas  county,  and 

the  normal  school  or  Wasco  Independent  Academy  at  The  Dalles,  established 47 

State  normal  at  Monmouth - ^ 

State  normal  at  Weston — ** 

PREFACE  — 

Amended  school  laws -         ^ 

Property  sold  for  school  purposes 

STATE  BOARD  OF  EDUCATION  — 

To  consist  of  whom 

Meetings  of,  when  and  where  held - ** 

Stationery  and  printing,  how  furnished *' 

Shall  authorize  series  of  textbooks *' 

To  prescribe  rules 

To  use  a  common  seal 

To  order  printing 

To  sit  as  board  of  examination 

To  issue  certificates  and  diplomas 

Fees  of 

Fees  of,  to  constitute  fund 


138  INDEX. 

STATE  BOARD  OF  EDUCATION  — Concluded.  page 

Shall  have  power  to  invite  assistants 14 

Proceedings  to  be  published . 14 

May  grant  diplomas  without  examination , 14 

May  revoke  diplomas 14 

School  bonds ^ 30 

SCHOOL  DISTRICTS  — 

Notice  to  organize 25 

Meeting,  organization  of 25- 

Directors  and  clerks  to  qualify 25 

Clerks  to  give  bond 25 

Directors  and  clerks,  powers  of 25 

Annual  meeting,  when  held 26 

Annual  meeting  to  elect ' 26 

Annual  election 26 

Two  directors  to  constitute  a  quorum 26 

Oldest  director  chairman : 26- 

To  forfeitschool  fund  unless 27 

In  towns  of  four  thousand  inhabitants  — 

Title  of  act .^^ 1 4* 

Boundaries  to  correspond,  in  certain  cases 4S 

Change  in  limits  of  city  and  district  to  correspond 4S 

Boards  of  directors,  terms  of 43; 

Directors  and  clerks  elected  annually 44 

Officers  elected  at  first  election 44 

Vacancies,  how  filled 44 

Boards  of  directors,  duties  of 44 

To  provide  time  and  place  of  meeting 44 

Quorum 45 

May  adopt  rules 4& 

Officers,  newly  elected,  when  to  enter  on  duties 45 

Directors  of  oldest  district  to  be  directors  of  new 45 

Board  Of  directors,  who  eligible  to  office 45 

Officers  to  be  voted  for  at  elections 46- 

Board  of  directors  may  contract  indebtedness 4(> 

Warrants  not  to  draw  interest 46 

Board  of  directors  to  advertise  for  and  receive  bids 46 

To  control  course  of  study 46 

Assessments  and  collection  of  taxes 46 

Clerks  to  make  segregated  reports,  when 46 

Polling  places,  who  to  designate 46- 

General  laws  to  apply  to 46' 

SCHOOL  DISTRICT  CLERKS  — 

Election  of 37 

To  keep  a  record 37 

To  give  notice  of  meetings _  37 

To  make  assessment  roll 37 

To  collect  taxes 37 

To  enroll  all  persons  in  district  over  four  and  under  twenty 37 

Not  to  include  children  attending 37 

Annual  census  to  be  submitted 88 


INDEX.  139 

SCHOOL  DISTRICT  CLERKS  — Concluded.  page 

To  make  annual  report  to :» 

Annual  report,  form  of ;« 

Bond  of —__._-» "'.♦ 

Cannot  be  released  from  liability .' aj» 

When  own  successor  to  give  new  bond ;ty 

Failing  to  give  new  bond,  oflflce  to  be  declared  vacant "9 

To  use  uniform  series  of  blanks,  etc _ W 

To  withhold  teacher's  pay,  when 40 

To  keep  account  of  moneys -10 

To  receive  money  from  treasurer ■l<V 

To  turn  over  money,  books,  etc.,  to  successor 40 

To  furnish  county  superintendent  list  of  oflBcers 40 

Fees  of . 40 

Neglect  of  duty,  penalty  for ¥y 

To  receive  assessment  blanks  from  county  clerk ' —  41 

Clerk  of  be  secretary  of  meetings 41 

Vacancy  in  office  of,  how  filled 41 

SCHOOL  TEACHERS— 

To  maintain  order  in  school 41 

To  commence  and  close  school <' 

To  keep  a  register 41 

May  appeal 4> 

Act  approved  February  20,1891,  to  encourage  more  thorough  preparation  of — 5- 

SCHOOL  TERM  — 

Length  of ** 

SCHOOL  LANDS— 

Who  constitute  board  for  sale  of ** 

Duties  of  board —  ^ 

Form  of  application  to  purchase *^ 

Manner  of  obtaining ** 


SCHOOL  FUNDS— 

County  treasurer  to  report ** 

SCHOOL  TAXES  — 

County  clerk  to  make  assessment  roll,  etc ^ 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION  — 

Detached  from  office  of  the  Governor "^ 

Election  of ^ 

Salary  of ^ 

Office,  location  of 

Duties  of,  to  be  superintendent  of  schools * 

To  visit  counties 

To  hold  district  teachers'  institute 

o 

To  attend  county  institutes - 

To  visit  principal  schools 

To  prepare  uniform  system  of  blanks,  registers,  forms,  etc » 

To  require  receipts  for  school  supplies 

To  act  as  secretary  of  board  of  education 

To  annotate  and  compile  school  laws 

To  call  meetiHgs  of  county  superintendents 


140  INDEX. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION  —  CONCLUDED.  I'AGE 

To  issue  letters  and  circulars  of  information 9 

To  make  decisions  on  appeals  from  county  superintendents'  decisions  in  certain  cases.  9 

To  hold  a  State  teachers'  association  annually 9 

To  make  statement  of  traveling  expenses 9 

To  compile  statistics  relative  to  public  schools : 12 

To  make  a  biennial  report  to  the  legislative  assembly 12 

To  turn  over  papers  to  successor  at  expiration  of  his  term  of  office V6 

SWAMP  LANDS— 

Ten  per  cent  of  proceeds  to  go  to  school  fund 49 

TEACHERS'   CERTIFICATE  — 

Form  of 18 

TEACHERS  WITHOUT  CERTIFICATE— 

Penalty  for  paying 36 

TEXTBOOKS— 

How  selected 9 

TREE  PLANTING  — 

Arbor  day,  second  Friday  in  April i:^ 42 

Order  of  exercises — 42 

Programme  to  be  prescribed 42 

UNIVERSITY  LANDS  — 

Who  constitute  board  for  sale  of 48 

Duties  of  board ^^  48 

Form  of  application  to  purchase . 49 

Manner  of  obtaining 49 


/ 


YC  10646 


UNIVERSITY  OF  CAUFORNIA  UBRARY 


